October 20, 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 OF JUSTICE SIR JEREMY COOKE
UPON considering the letter received from the Abu Dhabi Judicial Department dated 13 September 2021 (the “Requests”)
AND UPON the Court inviting the parties to provide their views on the Letter
AND UPON reviewing the Claimants’ submissions dated 17 October 2021 with respect to the Letter
AND UPON reviewing the Defendants’ submissions dated 17 October 2021 with respect to the Letter
IT IS HEREBY ORDERED THAT:
1. The Defendants’ submissions be treated as an application made by the Hadef Defendants (the “Application”) for a stay of the proceedings as well as support for the Requests for assistance from foreign Courts.
2. The Application and Requests be determined on paper.
3. The Requests for assistance are respectfully declined and the Application for a stay is refused, for the reasons given in the Judgment of the Court in Mashreqbank v Infinite Partners and others in Claim CFI-063-2020. [It should be noted that in paragraph 33 of the Schedule of Reasons there remains a typographical error in the first line, where “corporation” should read “court].
4. The costs of the Application are to be paid by the Hadef Defendants to the Claimants, to be the subject of assessment by the Registrar, if not agreed.
Issued by:
Nour Hineidi
Registrar
Date of issue: 20 October 2021
Time: 2.30pm