October 30, 2018 court of first instance - Orders
Claim No. CFI-014-2016
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) MR RAFED ABDEL MOHSEN BADER AL KHORAFI
(2) MRS AMRAH ALI ABDEL LATIF AL HAMAD
(3) MRS ALIA MOHAMMED SULAIMAN AL RIFAI
Claimants
and
(1) BANK SARASIN ALPEN (ME) LIMITED
(2) BANK J. SAFRA SARASIN (FORMERLY BANK SARASIN & CO)
Defendants
ORDER OF JUSTICE SIR DAVID STEEL
UPON reviewing the Claimants application requesting the extension of time
AND UPON reviewing the Second Defendant’s response to the Claimant’s request for an extension of time
AND UPON the absence of any response from the Claimants by 22 October 2018
AND UPON reviewing all relevant material in the case file
IT IS HEREBY ORDERED THAT:
1. The Second Defendant shall be a respondent pursuant to RDC 23.2(2) to the Claimant's application dated 31 July 2016 under Article 56 of the DIFC Insolvency Law (the "Art. 56 Application").
2. By the earlier of either (i) 28 days after the date on which the Court of Appeal hands down judgment in CA-008-2018 or (ii) 4pm on 12 March 2019:
(i) The Defendants shall serve evidence in answer, if any, to the Art. 56 Application; and
(ii) The Claimant shall serve evidence in answer, if any, to the Second Defendant's application made on 16 September 2018 to stay the proceedings (the "Stay Application").
3. By 14 days after the date in paragraph (b) above:
(i) The Claimant is to serve evidence in reply, if any, in relation to the Art. 56 Application; and
(ii) The Second Defendant shall serve evidence in reply, if any, in relation to the Stay Application.
4. The Stay Application and the Art. 56 Application are to be listed together and determined at a one or two day hearing (the length of the hearing to be agreed by the parties or fixed by the Registry) on the first available date 14 days after the date in paragraph (c) above.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of Issue: 30 October 2018
At: 4pm
