UAE court issues worldwide freezing order on BR Shetty’s assets

News Network
July 25, 2020

Dubai, Jul 25: The founder of NMC Health, BR Shetty, has had a worldwide freezing order placed on his assets at the request of a lender that claims he has defaulted on a loan of more than $8 million (Dh29.4m).

The order was granted to Credit Europe Bank (Dubai) last month ahead of a claim filed at the DIFC Courts against Mr Shetty, New Medical Centre Trading and NMC Healthcare.

The lender said in its claim they “are jointly and severally liable” for the repayment of money initially secured through a credit agreement in December 2013 and renegotiated in December last year. Credit Europe Bank is an Amsterdam-headquartered institution specialising in trade and commodities finance with operations in nine countries.

The credit agreement was guaranteed by two security cheques which the bank said in its claim were signed by Mr Shetty – one drawn on his personal account and another on the account of New Medical Centre Trading – that have been "dishonoured upon presentation due to insufficient funds".

The bank claimed Mr Shetty “has now fled the jurisdiction of the UAE to India” and that there was a risk of his “substantial” assets in the Emirates being dissipated.

The assets frozen include properties in Abu Dhabi and Dubai, as well as shares in NMC Health, Finablr, BRS Investment Holdings and other companies. It allows for up to $7,000 per week to be spent on “ordinary living expenses and reasonable sum[s] on legal advice and representation”, a DIFC Courts document granting the freezing order shows.

Credit Europe Bank declined to comment when contacted by The National, stating it does not comment on ongoing litigation proceedings. Representatives for Mr Shetty and for NMC Healthcare, which is now being run by administrators Alvarez & Marsal, also declined to comment.

NMC Healthcare was founded by Mr Shetty in 1975 and grew from a single hospital into the UAE’s biggest privately-owned healthcare operator, which employed 2,000 doctors and 20,000 other staff. The company was listed on the London stock exchange and at its peak was valued at £8.58 billion (Dh40bn). However, its shares slumped after short seller Muddy Waters Research issued a report in December 2019 alleging the company had inflated its cash balances, overpaid for assets and understated its debts. This led to a string of damaging revelations by the company, including the fact that its debt was materially higher – at $6.6bn – than the $2.1bn on its balance sheet. NMC Healthcare was placed into administration in April by its biggest creditor, Abu Dhabi Commercial Bank, but its UAE businesses continue to trade as a going concern.

Mr Shetty said in a statement issued in April that he has been a victim of fraud committed by "a small group of current and former executives” at companies owned by him. He said bank accounts were created in his name and transactions were made without his knowledge, and that loans, cheques and bank transfers were also fraudulently guaranteed in his name using his forged signature.

In response to the claim filed by Credit Europe Bank (Dubai) at the DIFC Courts, Mr Shetty says he did not personally guarantee loans made to NMC Trading or NMC Healthcare and that the signatures used on cheques guaranteeing the loans are forgeries. His defence cites the opinion of “Dr Al Bah, an independent, experienced and qualified forensic document examiner”, that someone other than Mr Shetty signed the lending agreements and cheques.

An application by NMC Trading and NMC Healthcare to the DIFC Courts to have the claim against it heard in private for fear of triggering claims by other lenders – the group owes money to around 80 local, regional and international lenders – was dismissed, given that the appointment of administrators at the group and allegations of fraud at the company are already in the public domain.

Both companies have indicated to DIFC Courts that they intend to contest the claim against them.

Comments

UAE Muslim
 - 
Sunday, 26 Jul 2020

give money to RSS now to kill muslim....GOD will turn the table for moran like you BR,...shamed of tulu guy cheated the UAE govennment...not root in hell

ANONYMOUS
 - 
Saturday, 25 Jul 2020

amount should be 8 billion dollar and not 8 million dollar

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News Network
April 19,2020

Indian Overseas Congress (IOC) Chaiman Dr Sam Pitroda held video conference with senior IOC office bearers across Middle Eastern countries on 14th April 2020 to review the impact of COVID-19 pandemic among Indians residing in the region. Almost all speakers appreciated the efforts initiated and  implemented by  respective governments to contain spread of the deadly virus as well as measures taken towards welfare of the people affected by the lockdown. 

IOC Presidents, Mohammed Mansour - Bahrain, Abdullah Manjeri - Saudi Arabia, Dr J Ratan kunar - Oman and Girish kumar - Qatar, highlighted the quality treatment of patients and finacial aid provided by governments and other authorities. Bahrain IOC president Mansour , also  apprised about the 'Food for Needy' drive in Association with KHK Heroes foundation, initiated by HH Sheikh Khalid Bin Hamad Al Khalifa and quality treatments as well as financial aid to local and expat residents.

Anura Mathai, IOC  Global Event Coordinator, spoke about certain problems of Indians in the UAE. IOC Middle East Convener, Mansoor Palloor, emphasised and requested IOC Chairman to urge Indian government to arrange immediate repatriation of indians stranded in Gulf countries. AICC Secretary, Himanshu Vyas, IOC Secretary Dr Arathi Krishna, Dr Arshi Malik (Abha), Mohiuddin Sirajudeen (Jeddah), Advocate Joseph Palathara (Dammam) Prasad Kodru, Jayati Maitra Ziyad Ahmed (Qatar) and Khursheed Alam (Gen Secretary- Bahrain) also apprised the participants about various issues relevant to the pandemic and suggested further initiatives to be undertaken. 

Dr Sam Pitroda briefed about sustained and consolidated efforts by all IOC members  during this unprecedented situation facing the world and assured that he would convey IOC  concerns to the government and try his best to ensure all possible help is made available to all needy Indians.

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News Network
July 19,2020

Bengaluru, Jul 19: The Karnataka Deputy Chief Minister C N Ashwathnarayan on Saturday inspected the country's first modular Intensive Care Unit (ICU) containers.

A notice from the Chief Minister's Office (CMO) said that the new mobile modular container ICUs, which will be used in the fight against the ongoing COVID-19 pandemic, have been created by Rinac India Limited, known for setting up sanitised operation theatres and clean rooms in hospitals.

On a pilot basis, the Deputy CM, who is also in charge of setting up COVID-care centres, said that 10 modular container ICUs will be deployed at the KC General Hospital in Malleshwaram. Each of the containers will have five beds.

Deputy CM Ashwathnarayan also said, "These mobile ICUs donated by Rinac will be useful, particularly in times of a crisis like COVID 19 or any natural calamity."

"The entry of health officials will be through an airlock, and entry of patients will be through a different door. There will be two doors for patients and can be increased if need. ICUs are fitted with cameras to monitor online from a centralized monitoring station, thereby limiting the exposure of the health personnel," the CMO informed.

The CMO further added, "the advantages of this new system are that the prefabricated modules of 5 can be shifted to any location by trailers and it is easy to deploy multiple containers to create a common facility. They are easy to clean and the airtight functionality ensures that no moisture or heat ingression happens, hence, it is easy to air-condition or ventilate."

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News Network
March 4,2020

Bengaluru, Mar 4: The Karnataka High Court has issued a notice to the state government in connection with the denial of retirement benefits to a retired deputy commissioner of commercial taxes who had fought against the illegal iron ore lobby.

Justice G Narendra also directed the state to respond to the notice before March 9, stating the reasons for withholding the officer’s retirement benefits.

Advocate Ramananda, appearing for the retired officer Josephat Andrews, explained that the single-judge bench also warned the government of stringent action.

Petitioner Josephat Andrews said his retirement benefits amounting to Rs 25.88 lakh were being withheld since 2014.

In 2009, Andrews detected a huge scam involving Vijaya Leasing, a company associated with former minister Gali Janardhan Reddy. Immediately he wrote to his higher officials explaining to them how the department was owed Rs 1,400 crore in taxes by the company. Immediately after that, Andrews was transferred to Bengaluru.

The media exposed the scam in 2012. Thereafter, to harass the officer, Andrews was served notice for allegedly not conducting an inspection of M/s Vijaya Leasing, which was controlled by the family of then tourism minister Gali Janardhana Reddy, on July 11, 2012.  He was discharged by a full departmental enquiry.

The petitioner was issued a second show cause notice on Jan 29, 2014 on the same charges. Before his retirement, he was docked two increments, denied promotional benefits and his pension was reduced without following due process.

He was served yet another notice with charges that he did not inspect goods vehicles, and an order was passed on April 30, 2019 reducing his pension by 5 per cent, an unprecedented punitive action.

This order was quashed by the Karnataka Administrative Tribunal (KAT), which also ordered payment of retirement benefits to Andrews within five months. However, the benefits were not released to him.  

“Rule 214 of the Karnataka Civil Services Rules (KCSR) make it clear that no enquiry can be held four years after an officer’s retirement.  Belying all statutory rules and precedents of the Supreme Court, Josephat Andrews’ retirement benefits were withheld for five years. Andrews therefore approached the High Court,” advocate Ramananda explained.

Josephat Andrews recalled to Deccan Chronicle that although mining activity was in full swing in 2008, the commercial tax department maintained that it had nothing to do with mining. “I travelled to Gujarat, Maharashtra and Bellary to investigate. I found tax evasion of thousands of crores. When I visited M/s the Vijaya Leasing facility – it was operating from an old oil mill premises–within 20 minutes I got calls from Ali, a person claiming to be the personal assistant of Gali Janardhan Reddy. He told me to get out of the premises as it belonged to his boss. Then calls came from minister Sreeramulu and MLA Nagendra. 

Within minutes 200-300 rowdies gathered around the building and my superior asked me to come back. Instead of filing a police complaint and forming a special team to deal with the situation, the department transferred me to Bengaluru,” he explained.

Talking about the High Court directive, Josephat Andrews said, “I have suffered a lot. Instead of getting a reward for increasing revenues by Rs 2,000 crore, I was punished.”

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