October 11, 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 JUSTICE LORD ANGUS GLENNIE
UPON reviewing the application filed on 29 June 2021 by Mohammed Jawdat Ayesh Mustafa Al Barguthi (the “Third Defendant”) for immediate judgment (the “Immediate Judgment Application”)
AND UPON reviewing the application filed on 16 August 2021 by Bankmed (Sal) trading in the DIFC under the trade name Bankmed (Dubai) (the “Claimant”) for an extension of time to file evidence in response to the Immediate Judgment Application (the “EOT Application”)
AND UPON reading the submissions and evidence filed and recorded on the Court file.
AND UPON hearing Yash Bheeroo, Counsel for the Claimant, and Harris Bor, Counsel for the Third Defendant at a remote hearing on 30 September 2021.
IT IS HEREBY ORDERED THAT:
1. The Claimant shall by 4pm on 31 October 2021 file and serve an affidavit giving details of the documentary and oral evidence it relies on or anticipates being able to rely on explaining the circumstances in which it claims that the Third Defendant signed and agreed to be bound by the Facility Agreement dated 22 December 2015 (the “FA”) and First Demand Limited Personal Guarantee dated 22 December 2015 (the “Guarantee”).
2. The Registry is directed by 7 October 2021 to issue and provide to the parties a letter (in Arabic and English) addressed to the Dubai Public Prosecution in the form set out in the Schedule to this Order.
3. The Claimant and Third Defendant shall file and serve by 4pm on 30 November 2021 any expert report they wish to rely on dealing with the question of whether the Third Defendant’s signature on the FA and the Guarantee has been forged.
4. Any application to extend the time provided for in paragraph 3 above must be made before 4pm 30 on November 2021.
5. The Immediate Judgment Application is adjourned to be relisted on the first available date after 23 December 2021.
6. The costs of the Immediate Judgment Application and EOT Application are reserved.
Issued by:
Nour Hineidi
Registrar
Date of issue: 11 October 2021
Time: 9am
