Abu Dhabi Commercial Bank PJSC v Manghat [2023] ADGMCFI 0021 (14 November 2023)

Abu Dhabi Commercial Bank PJSC v Manghat [2023] ADGMCFI 0021 (14 November 2023)

The ADGM Court has broad statutory case management powers under Rule 8(1) of the Court Procedure Rules, which are sufficient to permit orders for coordinated case management and concurrent trials of related proceedings. The Court's procedures are not limited by the absence of such powers in on-shore UAE courts or by...

Source-derived case information.

Citation
[2023] ADGMCFI 0021
Parties
Claimant: Abu Dhabi Commercial Bank PJSC; Defendant: Prasanth Manghat; Claimant/applicant: NMC Healthcare Limited (in administration) (subject to a deed of company arrangement); Claimant/applicant: NMC Holding Limited (in administration); Claimant/applicant: Richard Dixon Fleming (in his capacity as Joint Administrator of the First and Second Claimants/Applicants); Claimant/applicant: Benjamin Thom Cairns (in his capacity as Joint Administrator of the First and Second Claimants/Applicants); Defendant/respondent: Bavaguthu Raghuram Shetty; Defendant/respondent: Bank of Baroda
Jurisdiction
United Arab Emirates
Judgment Date
14 November 2023
Procedural Posture
Civil (commercial/corporate Insolvency) / Interlocutory Application—case Management and Coordination of Parallel Proceedings
Outcome
Application adjourned; Court determines it has the power to make the order sought but defers decision on whether to exercise that power.
Legal Topics
Case Management Powers, Concurrent Proceedings, Jurisdictional Coordination, Fraudulent Trading, Wrongful Trading, Accessory Liability, Breach of Duty, Conspiracy
Insolvency Civil Procedure Company Law Fraud Case Management Powers Concurrent Proceedings Jurisdictional Coordination Fraudulent Trading +4 more

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Parties

Abu Dhabi Commercial Bank PJSC

Claimant

Prasanth Manghat

Defendant

NMC Healthcare Limited (in administration) (subject to a deed of company arrangement)

Claimant/applicant

NMC Holding Limited (in administration)

Claimant/applicant

Richard Dixon Fleming (in his capacity as Joint Administrator of the First and Second Claimants/Applicants)

Claimant/applicant

Benjamin Thom Cairns (in his capacity as Joint Administrator of the First and Second Claimants/Applicants)

Claimant/applicant

Bavaguthu Raghuram Shetty

Defendant/respondent

Bank of Baroda

Defendant/respondent

Procedural Posture

Civil (commercial/corporate Insolvency) / Interlocutory Application—case Management and Coordination of Parallel Proceedings

Legal Issues

  1. 1 Does the ADGM Court have the power under Rule 8(1) of the Court Procedure Rules to order coordinated case management and concurrent trial of related claims?
  2. 2 Should the Court exercise its power to coordinate or consolidate proceedings in light of parallel litigation in other jurisdictions?
  3. 3 What is the appropriate procedure for managing duplicative or overlapping claims in different forums?

Ratio Decidendi

The ADGM Court has broad statutory case management powers under Rule 8(1) of the Court Procedure Rules, which are sufficient to permit orders for coordinated case management and concurrent trials of related proceedings. The Court's procedures are not limited by the absence of such powers in on-shore UAE courts or by common law limitations. The question of whether to exercise this power in the present case is adjourned pending resolution of a stay application, given the existence of parallel proceedings and the need to avoid procedural chaos.

Court Disposition

Application adjourned; Court determines it has the power to make the order sought but defers decision on whether to exercise that power.

Orders

  • Determination that the Court has power to make the order sought under Rule 8(1) of the ADGM Court Procedure Rules.
  • Decision on whether to exercise the power adjourned pending a stay application to be heard in December 2023.