August 09, 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)
Defendant
ORDER OF JUSTICE WAYNE MARTIN
UPON receipt of notification of a referral of this case to the Joint Judicial Committee on 1 July 2020
AND UPON the registration documents before the Dubai Courts and the Joint Judicial Committee bearing case no. “4-2020-710”
AND UPON reviewing the Order of Justice Sir Jeremy Cooke dated 1 July 2020 placing a stay on proceedings
AND UPON reviewing the Claimants’ Application No. CFI-045-2020/19 dated 15 July 2021 seeking a lift of the stay on proceedings and the evidence provided in relation thereto (the “Application”)
AND UPON the First to Fourth, Thirteenth, Fourteenth, Sixteenth and Seventeenth Defendants’ response to the Application dated 17 July 2021
AND UPON the Fifth to Twelfth Defendants’ response to the Application dated 17 July 2021
AND UPON the Claimants’ reply to the Application dated 25 July 2021
AND UPON hearing Counsel for the Claimants and Counsels for the Defendants at a hearing on 26 July 2021
AND UPON reviewing all relevant documents recorded on the Court file including documents received subsequent to the hearing on 26 July
IT IS HEREBY ORDERED BY THAT:
1. The stay of these proceedings imposed by the Order of Justice Sir Jeremy Cooke dated 1 July 2020 is hereby lifted.
2. The First to Fourth, Thirteenth, Fourteenth, Sixteenth and Seventeenth Defendants shall pay the Claimants’ costs of the Application to be assessed by a Registrar if not agreed within 14 days of publication of the reasons for the decision.
Issued by:
Nour Hineidi
Deputy Registrar
Date of issue: 9 August 2021
At: 3.30pm