January 21, 2021 court of first instance - Orders
Claim No. CFI 033/2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
BANKMED (SAL) TRADING IN THE DIFC UNDER THE TRADE NAME BANKMED (DUBAI)
Claimant
and
(1) FAST TELECOM GENERAL TRADING LLC
(2) ALI MOHAMMED SALEM ABU ADAS
(3) MOHAMMED JAWDAT AYESH MUSTAFA AL BARGUTHI
(4) SAIF SAEED SULAIMAN MOHAMED AL MAZROUEI
(5) IBRAHIM SAIF HORMODI
(6) AHMED ABDEL KADER HAMDAN ZAHRAN
Defendants
ORDER OF THE REGISTRAR NOUR HINEIDI
UPON reviewing the Third Defendant’s Application No. CFI-033-2017/18 dated 13 January 2021 for an order that the Court stay the case as against the Third Defendant in CFI-033-2017 by virtue of an ongoing police investigation related to the current proceedings (the “Application”)
AND UPON reviewing all documents filed in support of the Application
AND UPON hearing Mr Farhaz Khan on behalf of the Claimant at a hearing held on 19 January 2021
AND UPON the Court’s general case management powers set out in Part 4 of the Rules of the DIFC Court
IT IS HEREBY ORDERED THAT:
1. The Order of Registrar Nour Hineidi dated 17 January 2021, directing a stay of proceedings between the Claimant and the Third Defendant is varied to read:
a. “There will be temporary stay on proceedings as against the Third Defendant until such time the Application is fully progressed and determined”.
2. The Respondent has 14 days from the date of this Order to file and serve evidence in response to the Application, if so instructed.
3. The Third Defendant has 14 days following receipt of the Claimant’s evidence to file and serve evidence in reply.
4. The parties will liaise with the Court Registry to list a hearing with a time estimate of 1 day to hear the Application and in the event the stay at paragraph 1 is lifted, proceed with a Case Management Hearing.
5. The Claimant’s costs of and occasioned by the hearing held on 19 January 2021 are costs in the Application.
Issued by:
Nour Hineidi
Registrar
Date of issue: 21 January 2021
Time: 11am
