December 27, 2021 court of first instance - Orders
Claim No. CFI 019/2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
IRAQ TELECOM LIMITED
Claimant
and
(1) RAYMOND SAMIR ZINA RAHMEH
(2) INTERNATIONAL HOLDINGS LIMITED
Defendants
ORDER OF H.E JUSTICE NASSIR AL NASSER
UPON the Claimants’ Application No. CFI-019-2018/6 filed on 26 December 2021 (the “Second Alternative Service Application”)
AND UPON reviewing the second witness statement of Mr. Michael James Stewart dated 26 December 2021
AND UPON reviewing the Claimants’ alternative service Application No. CFI-019-2018/5 dated 16 June 2021 (the “First Alternative Service Application”), comprising the Application Notice, the first witness statement of Mr. Michael James Stewart dated 16 June 2021, the second witness statement of Mr. Nicholas Jonah Bortman dated 16 June 2021, Draft Order, and the accompanying Submissions dated 16 June 2021
AND UPON the Order of H.E. Justice Nassir Al Nasser dated 17 June 2021 granting the First Alternative Service Application
IT IS HEREBY ORDERED THAT:
1. Pursuant to RDC 9.31, the Claimants are permitted to serve the documents listed in Appendix A to this Order (the “Subject Documents”) on the Defendant, Mr. Raymond Rahmeh, by the five alternative methods specified in Appendix B to this Order (the “Alternative Methods”).
2. The Subject Documents shall be sent by email (for Alternative Methods one to four) and provided by the Claimants to the courier (for Alternative Methods four and five) on the same date, and that date shall be deemed to be the date of service of the Subject Documents.
3. The Defendant shall pay the Claimants’ costs of and incidental to this Application, such costs to be assessed if not agreed.
Issued by:
Amna Al Owais
Chief Registrar
Date of issue: 27 December 2021
Time: 11am
Appendix A
List of documents to be served:
1. The following documents relating to the First Alternative Service Application:
(a) The Application Notice dated 16 June 2021;
(b) The first witness statement of Mr. Michael James Stewart dated 16 June 2021;
(c) The second witness statement of Mr. Nicholas Jonah Bortman dated 16 June 2021;
(d) Draft Order;
(e) the Submissions dated 16 June 2021; and
(f) The Order of H.E. Justice Nassir Al Nasser dated 17 June 2021.
2. The following documents relating to the Claimants’ Default Judgment Request dated 8 December 2021:
(a) Request for Default Judgment dated 8 December 2021;
(b) First Affidavit of Mr. Michael James Stewart dated 9 December 2021;
(c) Submissions in support of Default Judgment Request dated 9 December 2021;
(d) 2 x Statements of Costs (one for Gibson Dunn and one for Jones Day);
(e) Draft Order; and
(f) Default Judgment made by H.E. Justice Nassir Al Nasser dated 16 December 2021.
3. The following documents relating to the Second Alternative Service Application:
(a) The Application Notice dated 26 December 2021;
(b) The Second Witness Statement of Mr. Michael James Stewart dated 26 December 2021;
(c) Draft Order; and
(d) Any resulting Order of the DIFC Court made in respect of the Second Alternative Service Application.
Note* certified Arabic translations of the above will also be served.
Appendix B
Alternative Methods of Service on the Defendant:
Method | Physical/Email Addresses | Recipient | Role | |
---|---|---|---|---|
1 | com@comlb.com | Mr. Raymond Rahmeh | The Defendant. | |
2 | ssb70@korektel.com | Mr. Sirwan Saber Mustafa Barzani | Close business associate of the Defendant; fellow member of the Korek Supervisory Committee; and fellow Board Member of International Holdings Limited. | |
3 | Louis.AbouCharaf@korektel.com | Mr. Louis AbouCharaf | The de facto secretary to the Board of International Holdings Limited and the Korek Supervisory Committee. | |
4 | Courier and email | AZAR & Associates Law firm Physical Address: Jdeidet El Metn – Pierre Gemayel Street Jdeideh 19 bldg – 5TH floor. 00961 1 896300 – 00961 1 898300 00961 3 297772 Email Addresses: lawyermichel@gmail.com info@azarlegal.com |
Mr. Michael Azar | Attorney and close business associate of the Defendant. |
5 | Courier | Residence Zine, Zone Verte, Rue No. 1, Kfaryassine, Adma, Kesrouan, Lebanon |
Mr. Raymond Rahmeh | Residential premises of the Defendant |