DIFC Courts

CFI 054/2018 SBM Bank (Mauritius) LTD vs (1) Renish Petrochem FZE (2) MR Hiteshkumar Chinubhai Mehta (3) Prime Energy FZE (4) National Bank Of Kuwait SAKP

July 16, 2019 court of first instance - Orders

Claim No. CFI-054-2018

THE DUBAI international financial centre COURTS

in the court of first instance

BETWEEN

SBM BANK (MAURITIUS) LTD

                                                Claimant

and

(1) RENISH PETROCHEM FZE

(2) MR HITESH CHINUBHAI MEHTA

(3) PRIME ENERGY FZE

(4) NATIONAL BANK OF KUWAIT SAKP

Defendants

 

ORDER OF H.E. JUSTICE ALI AL MADHANI

UPON the First, Second and Third Defendants having failed to file an acknowledgement of service or to respond to the claim in any other respect

AND UPON the Fourth Defendant having applied to the Joint Judicial Committee (“JJC”) for a determination as to the proper forum to decide the disputes between the parties on 30 September 2018

AND UPON the JJC having handed down judgment on 18 January 2019 determining that this Court has jurisdiction to determine the disputes between the parties

AND UPON the Court having requested the parties to provide a draft list of directions to be reviewed by the Judge

AND UPON the Court concluding that it is appropriate for the claim as against the First, Second and Third Defendants to be considered at a hearing for Immediate Judgment

pursuant to RDC rule 24.10

AND UPON reading the letter from the Claimant’s solicitors dated 4 April 2019

AND UPON reviewing all other relevant documents on the Court file

IT IS HEREBY ORDERED THAT:

  1. A hearing be listed for the first convenient date after 19 August 2019 (the “Hearing”).

  1. At the Hearing, the Court will determine whether immediate judgment will be entered as against the First, Second and Third Defendants pursuant to RDC Rule 24.10 (the “Hearing”).

  2. The Hearing shall have a time estimate of half a day (excluding reading time and time for judgment).

  3. Any party who wishes to rely on written evidence, at the Hearing, must file and serve written evidence at least 14 days before the date of the Hearing.

  1. Any party who wishes to rely on written evidence in reply to any other party’s written evidence must file and serve such evidence at least 7 days before the date of the Hearing.

  2. The claim against the Fourth Defendant shall be stayed for 28 days from the date of this order.

  1. The Claimant and Fourth Defendant shall have liberty to apply to extend the stay of the claim pursuant to paragraph 5, above.

  1. Costs reserved.

Issued by:

Nour Hineidi

Deputy Registrar

Date of Issue: 16 July 2019

At: 12pm