October 14, 2021 court of first instance - Orders
Claim No. CFI 045/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) EMIRATES NBD BANK PJSC
(2) HSBC BANK MIDDLE EAST LIMITED
(3) ICICI BANK LIMITED, BAHRAIN LIMITED
(4) ICICI BANK UK PLC
(5) UNION BANK OF INDIA
(6) BANK OF JORDAN COMPANY
(7) NATIONAL BANK OF BAHRAIN BSC
(8) AHLI UNITED BANK BSC (DIFC BRANCH)
(9) COMMERCIAL BANK OF DUBAI PSC
(10) WARBA BANK KSCP
Claimants
and
(1) KBBO CPG INVESTMENT LLC
(2) MR KHALEEFA BUTTI BIN OMAIR YOUSIF ALMUHARI
(3) HIS EXCELLENCY SAEED MOHAMED BUTTI MOHAMED ALQEBAISI
(4) INFINITE INVESTMENT LLC
(5) GROUP OF FATHIMA CO LLC
(6) FATHIMA SUPERMARKET LLC (SHARJAH)
(7) FATHIMA SUPERMARKET WLL (ABU DHABI)
(8) FATHIMA TRADING & SUPERMARKET COMPANY WLL
(9) FAIRWAY GENERAL TRADING
(10) FAIRWAY CATERING SERVICES LLC (DUBAI)
(11) FAIRWAY CATERING SERVICES LLC (ABU DHABI)
(12) FATIMA GENERAL MARKET LLC
(13) TELE LINK COMMUNICATION LLC
(14) ONE PREPAY COMPANY LLC
(15) TECHLINK SYSTEMS LLC
(16) FRESHLY FROZEN FOODS FACTORY LLC
(17) SENORA FOODS LLC
(18) SPECTRAMI DMCC
(19) ONE PREPAY COMPANY LLC (KSA BRANCH)
Defendants
ORDER WITH REASONS OF JUSTICE SIR JEREMY COOKE
UPON the Claimants Application Notice No. CFI-045-2020/21 dated 12 October 2021 for permission to amend the Claim Form and permission to amend the Brief Details of Claim and Claim Form (the “Application”)
AND UPON the Claimants email sent to the Registry on 11 October 2021 requesting to determine the Application on the papers and on an expedited basis pursuant to RDC 23.69(3).
AND UPON the Defendants response sent to the Registry by way of email on 13 October 2021
IT IS HEREBY ORDERED THAT:
1. The Application is granted.
2. Permission is granted pursuant to RDC 20.9 and 20.11 for “One Prepay Company (Sole Proprietorship) – LLC” to be substituted as the Nineteenth Defendant to this claim.
3. Permission is granted pursuant to RDC 18.2(2) for the Brief Details of Claim and Claim Form to be amended as indicated in red text in the Amended Claim Form and Amended Brief Details of Claim dated 20 September 2021.
4. Costs reserved.
Issued by:
Nour Hineidi
Registrar
Date of issue: 14 October 2021
At: 2:30pm
SCHEDULE OF REASONS
1. This Application can properly be determined on paper.
2. The Defendants have received good notice of the amendments and are not prejudiced thereby, particularly as the hedging claim is not the subject of immediate judgment.
3. No sensible reason has been put forward for objecting to the amendments which are necessary for the proper definition of the issues between the Parties. The Defendants should have consented to the amendments.
4. Permission is therefore given for such amendments, with costs reserved.
5. If a further application for a stay is made by the Defendants, it will be considered as and when made.
