October 18, 2023 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
(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
CONSENT ORDER
UPON the Third Claimant's claim against the First Defendant particularised at paragraphs 43 to 53, 92 to 95 and claimed at the third paragraph of the prayer for relief in the Particulars of Claim dated 20 September 2021 (the “Hedging Liabilities Claim”)
AND UPON the Claimants and the First, Second, Third, Fourth, Thirteenth, Fourteenth, Sixteenth and Seventeenth Defendants (together the “Bankruptcy Applicants”) participating in the bankruptcy proceedings in the onshore Abu Dhabi Courts with Case No 7 of 2021 with respect to the restructuring of the First Defendant with the Second, Third, Fourth, Thirteenth, Fourteenth, Sixteenth and Seventeenth Defendants having been joined litigants to those proceedings (the “Onshore Bankruptcy Proceedings”)
AND UPON the ratification of the Restructuring Plans in the Onshore Bankruptcy Proceedings by the Abu Dhabi Court on 14 September 2023, the directions therein for the Claimants and in accordance with the Claimants' mutual agreement with the Bankruptcy Applicants pursuant to the ratified Restructuring Plans to withdraw or dismiss any existing legal action that relates in any way to the Bankruptcy Applicants
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The Hedging Liabilities Claim is discontinued.
2. There shall be no order as to cost.
Issued By:
Delvin Sumo
Assistant Registrar
Date of issue: 18 October 2023
At: 2pm
