April 14, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 092/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
IDBI BANK LIMITED
Claimant
and
(1) KWALITY DAIRY PRODUCTS FZE
(2) MR SANJAY DHINGRA
Defendants
ORDER OF JUDICIAL OFFICER MAITHA ALSHEHHI
UPON the claim having been filed on 15 December 2022 (the “Claim Form”)
AND UPON reviewing the Claimant’s Application No. CFI-092-2022/2 dated 12 April 2023 seeking an order amending the Order of Judicial Officer Maitha AlShehhi dated 17 March 2023 (the “Order”) rejecting the Claimant’s application to serve upon the Defendants the Claim Form by way of alternative method, namely, publication (the “Application”)
AND UPON reviewing the affidavit of Mrs. Bini Saroj dated 12 April 2023 filed in support of the Application
AND UPON reviewing the documents recorded on the case file
AND PURSUANT to Rules 9.2, 9.31, 9.32, 9.33, 9.36 and 9.54 of the Rules of the DIFC Courts
IT IS HEREBY ORDERED THAT:
1. The Application is granted.
2. The Order shall be amended to reflect the below:
“The Claimant is permitted to serve the Claim Form upon the Defendants by publishing the notifications in two newspapers (one English and one Arabic) in the wording attached as Annex A to this Order.”
3. The Claimant shall file a certificate of service in respect of all the Defendants along with copies of the English and Arabic newspapers on the eRegistry online portal no later than 7 days after service.
4. Service of the Claim Form is considered served on the Defendants on the day of publication.
5. Costs shall be costs in the case.
Issued by:
Hayley Norton
Assistant Registrar
Date of Issue: 14 April 2023
At: 12pm