DIFC Courts

CFI 012/2010 - Consent Order

May 07, 2013 court of first instance - Orders,Orders

Claim No. CFI 012/2010

 

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

 

BEFORE H.E. JUSTICE OMAR AL MUHAIRI

 

BETWEEN

 

(1) SMARTPAPER COMPUTER SOFTWARE LLCFirst Claimants
(2) SAMI CARACUNDSecond Claimant (Non-Party)

and

(1) KEROS LLC

First Defendant
(2) FAROUK SAIDSecond Defendant

 

CONSENT ORDER

 

UPON reading Application No. CFI 012/2010/08 & 09.

 

AND UPON hearing Counsel for the Second Defendant, Counsel for the First Claimant and Mr Sami George Henry Sami Caracund, the Second Claimant

 

AND UPON the Second Claimant, Mr Sami George Henry Sami Caracund and the Second Defendant having agreed to the terms set out below, in full and final settlement of any and all claims, including but not limited to, all existing claims and/or future claims, however so arising, either in the DIFC Courts, Dubai Courts and/or otherwise in relation to the Amended Final Cost Certificate, as defined below at paragraph 03; and in relation to Dubai Courts Case No. 2013/84 and the Travel Ban issued thereunder.

 

IT IS ORDERED THAT

 

Application No CFI 012/2010/08

 

1. Application No. CFI 012/2010/08 be dismissed.

 

2. The First Claimant and the Second Claimant Mr Sami George Henry Sami Caracund, the Manager and Shareholder of the Claimant, jointly and severally, shall pay the Second Defendant's costs of and occasioned by Application CFI 012/2010/08 in the amount of AED 100,000 (One hundred thousand Dirhams), by 4pm on 27 May 2013.

 

Application No CFI 012/2010/09

 

3. Pursuant to the Amended Order of Justice Sir John Chadwick dated 09 May 2012 ("the Amended Order") read in conjunction with the Amended Final Cost Certificate of Justice David Williams dated 27 December 2012 ("Amended Final Cost Certificate"):

 

3.1. The Second Claimant Mr Sami George Henry Sami Caracund, the Manager and Shareholder of the Claimant is added as a Party to the proceedings for the purposes of costs only pursuant to RDC Part 20.11; and

 

3.2. The Second Claimant, Mr Sami George Henry Sami Caracund is made personally liable to make payments of those costs awarded in the Amended Order and Final Costs Certificate.

 

4. No order as to costs in relation to Application No. CFI 012/2010/09.
 

H.E. Justice Omar Al Muhairi

Judge

Date: 7 May 2013

At: 11am