Abu Dhabi Commercial Bank PJSC v Manghat [2024] ADGMCFI 0020 (06 December 2024)

Abu Dhabi Commercial Bank PJSC v Manghat [2024] ADGMCFI 0020 (06 December 2024)

Train of inquiry disclosure is justified and ordered due to exceptional circumstances, gravity of allegations, lack of primary evidence, and off-line communications; extension of time for Bank of Baroda's standard disclosure granted to 20 January 2025; consequential deadlines for further disclosure and expert evidence applications set; costs to be costs in the case; disclosure statements to refer to 'control' and follow specified content.

Citation
[2024] ADGMCFI 0020
Parties
Claimant: Abu Dhabi Commercial Bank PJSC; Defendant: Prasanth Manghat; Claimant: NMC Healthcare Limited (in administration) (subject to a deed of company arrangement); Claimant: NMC Holding Limited (in administration); Claimant: Richard Dixon Fleming (in his capacity as Joint Administrator of the First and Second Claimants); Claimant: Benjamin Thom Cairns (in his capacity as Joint Administrator of the First and Second Claimants); Defendant: Bavaguthu Raghuram Shetty; Defendant: Bank of Baroda
Jurisdiction
United Arab Emirates
Judgment Date
06 December 2024
Procedural Posture
Commercial and Civil / Case Management Conference; Interlocutory Applications
Outcome
Applications for train of inquiry disclosure granted; extension of time for Bank of Baroda's standard disclosure granted; costs in the case; consequential deadlines set; disclosure statements ordered.
Legal Topics
Disclosure, Train of Inquiry Disclosure, Case Management, Expert Evidence, Costs, Fraud, Conspiracy, Kyc/aml Compliance
Commercial Law Civil Procedure Banking Law Insolvency Law Disclosure Train of Inquiry Disclosure Case Management Expert Evidence +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

NMC Holding Limited (in administration)

Claimant

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

Claimant

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

Claimant

Bavaguthu Raghuram Shetty

Defendant

Bank of Baroda

Defendant

Procedural Posture

Commercial and Civil / Case Management Conference; Interlocutory Applications

Legal Issues

  1. 1 Extension of time for disclosure
  2. 2 Train of inquiry disclosure
  3. 3 Restoration of disclosure applications

Ratio Decidendi

Train of inquiry disclosure is justified and ordered due to exceptional circumstances, gravity of allegations, lack of primary evidence, and off-line communications; extension of time for Bank of Baroda's standard disclosure granted to 20 January 2025; consequential deadlines for further disclosure and expert evidence applications set; costs to be costs in the case; disclosure statements to refer to 'control' and follow specified content.

Court Disposition

Applications for train of inquiry disclosure granted; extension of time for Bank of Baroda's standard disclosure granted; costs in the case; consequential deadlines set; disclosure statements ordered.

Orders

  • Bank of Baroda to complete standard disclosure by 20 January 2025.
  • Applications for further or specific disclosure in JA Claim by 25 April 2025; in ADCB Claim by 28 February 2025.