DIFC Courts

CFI 035/2009 - Order

May 20, 2010 court of first instance - Orders,Orders

Claim No: CFI 35/2009

THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE

IN THE COURT OF FIRST INSTANCE

BETWEEN:

AMWAL AL KHALEEJ COMMERCIAL INVESTMENT CO LTDClaimant/Respondent
andDAMAS INVESTMENTS LLCFirst Defendant/Applicant
MOHAMMED TAWFIQUE MOHAMMED TAHER ABDULLAH ALMOHTADISecond Defendant
TAWHID MOHAMMED TAHER ABDULLAH ALMOHTADIThird Defendant
MOHAMMED TAMJID MOHAMMED TAHER ABDULLAH ALMOHTADIFourth Defendant

ORDER OF JUSTICE TAN SRI SN MADE ON 21 APRIL 2010

After considering the First Defendant's application contesting the jurisdiction of the Court and the evidence filed by the Claimant and the First Defendant and upon hearing submissions from counsel for the Claimant and counsel for the First Defendant:

IT IS DECLARED that the Court has jurisdiction to hear the claim against the First Defendant.

IT IS ORDERED that:

1. The First Defendant's application contesting the jurisdiction of the Court is dismissed.

 

2. The First Defendant is to pay the Claimant's costs of the application, to be subject to detailed assessment if not agreed.

 

3. If the First Defendant intends to defend this action, it must file an Acknowledgment of Service by 4pm on 5 May 2010.

 

4. In the event that a further Acknowledgment of Service is filed by the First Defendant, any defence to be filed by the First Defendant must be filed and served by 4pm on 19 May 2010, unless the parties agree to an extension under RDC 16.11.

Amna Alowais

Deputy Registrar

Date of Issue: 10 May 2010

At: 11am