January 06, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 038/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
IDBI BANK LIMITED (DIFC BRANCH)
Claimant
and
(1) WHITE METAL ALLOYS INDUSTRIES FZ LLC
(2) MR. RAHUL GARG
(3) MS. SHIVANI GARG
(4) MRS. MITHLESH GARG
(5) SNS TRADING DMCC
Defendants
AMENDED ORDER OF H.E. JUSTICE MAHA AL MHEIRI
UPON reviewing the Claimant’s Application No. CFI-038-2022/1 dated 25 November 2022 seeking (i) an extension of time to serve notice of this claim upon the Defendants; and (ii) permission to serve notice of this claim by way of newspaper publication (the “Application”)
AND UPON reviewing Parts 7, 9 and 23 of the Rules of the DIFC Courts (the “RDC”)
AND UPON reading the documents filed and recorded on the Court file
IT IS HEREBY ORDERED THAT:
1. The Application is granted.
2. The Claim Form and Particulars of Claim shall be served upon the Defendants by no later than 12 June 2023.
The Claimant shall be permitted to serve the Claim Form n upon the Defendants by way of publication, once in an English language newspaper and once in a local-language newspaper in India (“Service”).
3. The Claimant shall file a Certificate of Service along with copies of the English and locallanguage newspapers (publishing the Claim Form), via the DIFC Courts’ eRegistry portal as soon as practicable following Service.
4. Costs shall be costs in the case.
Issued by:
Delvin Sumo
Assistant Registrar
Date of re-issue: 6 January 2023
At: 10am