January 13, 2019 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/Respondent
and
(1) FAST TELECOM GENERAL TRADING LLC
(2) ALI MOHAMMED SALEM ABU ADAS
(3) MOHAMMED JAWDAT AYESH MUSTAFA AL BARGOUTHI
(4) SAIF SEED SULAIMAN MOHAMED AL MAZROUEI
(5) IBRAHIM SAIF HORMODI
(6) AHMED ABDEL KADER HAMDAN ZAHRAN
Defendants/Applicant
ORDER WITH REASONS OF H.E. JUSTICE SHAMLAN AL SAWALEHI
UPON reviewing the Fifth Appellant’s Application dated 6 January 2019, for permission to appeal Justice Shamlan Al Sawalehi Order dated 14 January 2018 (the “Order”).
AND UPON reviewing Justice Omar Al Muhairi’s direction dated 6 December 2018 (the “Direction”), for the Appellant to exercise its right to make an application to appeal the Order of H.E. Justice Shamlan Al Sawalehi in accordance with Part 44 of the Rules of the DIFC Courts (the “RDC”).
IT IS HEREBY ORDERED THAT:
1.The Fifth Appellant’s Application for permission to appeal dated 7 October 2018 is denied.
2.There be no order as to costs.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of issue: 13 January 2019
At: 10am
SCHEDULE OF REASONS
1. The Appellant’s application for permission to appeal was filed on 6 January 2019 and falls outside of the 21 days period directed in the direction. I therefore find that the Application is out of time, pursuant to RDC 44.10.
2. For the above reasons, I am of the view that Application for permission to appeal is to be refused by the Courts.
