January 15, 2018 court of first instance - Orders
Claim No. CFI 039-2016
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE H.E. JUSTICE ALI AL MADHANI
BETWEEN
PASSPORT SPECIAL OPPORTUNITIES MASTER FUND, LP
and
(1) ARY COMMUNICATIONS LTD
(2) HAJI MOHAMMAD IQBAL
(3) MOHAMMAD MEHBOOB
(4) MOHAMMAD SALMAN IQBAL
(5) HAJRA SHAFI
(6) HAJI MOHAMMAD
Defendants
ORDER OF H.E. JUSTICE ALI AL MADHANI
UPON the Claimant’s Application dated 17 October 2017, for permission to apply for immediate judgment on Defendants (1) and (4) on the grounds that the time for Defendants (1) and (4) to file the acknowledgement of service has expired and the Defendants have failed to file any acknowledgement of service or defence to the Claim, whether jurisdictional or substantive (“Application 1”);
UPON the Claimant’s Application dated 17 October 2017, for permisson for alternative service on Defendants (2), (3), (5) and (6) on the grounds that the Claimant has attempted, unsuccessfully, to serve the Claim Form on Defendants (2), (3), (5) and (6) by courier, by hand and by registered post on several occasions (“Application 2”);
UPON reading the witness statement of John Packer of King & Spalding LLP, dated 17 October 2017;
UPON reading the affidavit of Jonathan Robinson regarding personal service in the United States, dated 22 August 2017;
UPON reviewing the Order of Judicial Officer Nassir Al Nasser dated 17 October 2017, ordering the Claimant to serve the Defendants that are located outside of the UAE by diplomatic channels (“Order of Nassir Al Nasser”);
AND UPON reading the documents submitted in the Court file and hearing the Claimant’s arguments at the Hearing;
IT IS HEREBY ORDERED THAT:
In respect of Application 11.Service of the Claim Form and Particulars has been effected by personal service.
2. The Claimant is granted permission to apply for immediate judgment against Defendant (1) and Defendant (4).
3. Service of the Application Notice is dispensed with pursuant to Rule 23.5 of the Rules of the DIFC Courts; or in the alternative.
4. The Application Notice may be served by the Claimant on the Defendants by faxing to +92 2135657314, being the fax number for Defendant (1) as listed on its website.
In respect of Application 25. The Application is stayed until the return of service or the expiry of the Order of Nassir Al Nasser on 17 April 2018.
Issued by:
Natasha Bakirci
Assistant Registrar
Date of Issue: 15 January 2018
At: 12 pm
