August 31, 2022 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 054/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
LARMAG HOLDING B.V.
Claimant
and
(1) FIRST ABU DHABI BANK PJSC
(2) FAB SECURITIES LLC
(3) MR ABDULLAH SAEED BAKHEET OBAID ALJABERI
(4) MR ALI MOHAMMED
(5) ELITE HOLDING GROUP LIMITED
Defendants
ORDER OF JUSTICE SIR RICHARD FIELD
UPON the Clarification Order with Reasons of Justice Sir Richard Field dated 25 August 2022 (the “Reasons”) clarifying the Order with Reasons of Justice Sir Richard Field dated 19 August 2022 dismissing the Third Defendant’s Application No. CFI-054-2019/16 dated 9 September 2021
AND UPON considering the Claimant’s Application No. CFI-054-2019/23 dated 26 August 2022 seeking an amendment to the Reasons pursuant to Rule 36.41 of the DIFC Courts
IT IS HEREBY ORDERED THAT:
1. That paragraph 1 of the Reasons be amended under the “slip rule” to read as follows:
“D3’s application dated 6 September 2021 for permission to appeal the judgment dated 15 August 2021 was out of time, as admitted by D3 when he applied on 9 September 2021 for an extension of time in which to bring his appeal against the said judgment. It follows that it is beyond any reasonable argument that, if an extension of time were not granted for the appeal for which the application dated 6 September 2021 sought permission, the application dated 6 September 2021 would cease to be of any legal effect.”
2. There be no order as to costs.
3. The Claimant shall be refunded the Application filing fee in the amount of USD 300, in accordance with RDC 36.46.
Issued by:
Ayesha Bin Kalban
Deputy Registrar
Date of Issue: 31 August 2022
At: 12pm
