September 15, 2019 court of first instance - Orders
Claim No: CFI-047-2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN:
COMMERCIAL BANK DUBAI PSC
AND
AHMAD MOHAMED RAMADHAN AL RAFEI
Second Defendant
CONSENT ORDER
PURSUANT TO the Second Defendant having challenged the Claimant’s right to pursue this claim in the DIFC Court and having referred the case to the Joint Judicial Committee (“the JJC”)
AND UPON the JJC having found that the DIFC Court is the competent court to hear this claim and having issued a decision to this effect on 20 June 2019
AND UPON the Second Defendant having agreed a settlement with the Claimant
AND PURSUANT TO ARTICLE 1(E)(1)(a)(ii) OF SCHEDULE 1 OF PRACTICE DIRECTION NO. 3 OF 2017 (DIFC COURTS FEES AMENDMENT)
IT IS ORDERED BY CONSENT THAT:
1.The DIFC Order issued by H.E Justice Ali Al Madhani on 16 July 2019 suspending the DIFC proceedings against the Second Defendant be lifted.
2. The Claimant’s claim against the Second Defendant shall be withdrawn and the Judgment issued by H.E Justice Ali Al Madhani on 23 January 2019 bears no legal consequences on the Second Defendant.
3. The Claimant shall be reimbursed $4,679.80, this being one quarter of 65% of its Court fee paid in respect of the Second Defendant.
4. There shall be no order as to costs in the proceedings in respect of the Claimant’s settlement with the Second Defendant. Further, for the avoidance of doubt, no interim costs orders will be paid or enforced in respect of the Claimant’s settlement with the Second Defendant.
Issued by:
Amna Al Owais
Date of Issue: 15 September 2019
At: 2pm
