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CFI 026/2009 – Order

CFI 026/2009 – Order

March 25, 2010

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CFI 26/2009

THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE

IN THE COURT OF FIRST INSTANCE

Between


Mr Rafed Abdel Mohsen Bader Al Khorafi

Mrs Amrah Ali Abdel Latif Al Hamad

Mrs Alia Mohamed Sulaiman Al Rifai

First Claimant

Second Claimant

Third Claimant

and


Bank Sarasin-Alpen (ME) Limited (BSA)

Bank Sarasin & Co Limited (BSC)

First Defendant

Second Defendant

ORDER

UPON the application of the Claimants by application notice dated 18 March 2010 (received by the Courts on 21 March 2010) filed on behalf of the Claimants.

IT IS ORDERED that:

 

1. The Registrar of the DIFC Courts will forthwith request the UAE Ministry of Justice to facilitate the service of the Documents (being the Documents listed in 2.1.1-2.1.14 below) upon the Second Defendant, Bank Sarasin & Co Limited of Elisabethenstrasse 62, PO Box CH – 4002, Basel, Switzerland via the diplomatic channel of the UAE Embassy in Switzerland.

 

2. In order to facilitate this request, the Registrar of the DIFC Courts shall forthwith send to the UAE Ministry of Justice a covering letter from Eversheds dated 18 March 2010 with Arabic translation which encloses:

 

2.1.1 DIFC Courts sealed Claim Form (claim number CFI 026/2009) dated 7 October 2009;

 

2.1.2 Authenticated German translation of DIFC Courts sealed Claim Form claim number CFI 026/2009, dated 7 October 2009;

 

2.1.3 Particulars of Claim (Claim number CFI 026/2009) dated 10 December 2009;

 

2.1.4 Authenticated German translation of Particulars of Claim (Claim number CFI 026/2009) dated 10 December 2009;

 

2.1.5 Case Summary to Particulars dated 10 December 2009 (Claim number CFI 026/2009) as required by Rules 17.47 of the Rules of the DIFC Courts;

 

2.1.6 Notarised original Arabic translation of Case Summary to Particulars dated 10 December 2009;

 

2.1.7 Notes for Defendant on replying to the Part 7 claim form;

 

2.1.8 Authenticated German translation of the Notes for Defendant on replying to the Part 7 Claim Form;

 

2.1.9 Acknowledgement of Service;

 

2.1.10 Authenticated German translation of the Acknowledgement of Service;

 

2.1.11 Forms for Admission of Defence at DIFC Courts;

 

2.1.12 Authenticated German translations of the Forms for Admission and Defence; and

 

2.1.13 Letter from Eversheds to the Permanent Mission and General Consulate of the UAE in Switzerland dated 18 March 2010; and

 

2.1.14 Arabic translation of Letter from Eversheds to the Permanent Mission and General Consulate of the UAE in Switzerland dated 18 March 2010. (“the Documents”)

 

3. The Claimants will be responsible for all expenses incurred by the Registrar, DIFC Courts and foreign judicial authority in serving the Documents and will pay those expenses to the Registrar, DIFC Courts or foreign judicial authority on being informed of the amount.

 
Justice David Williams
Date of Issue: 25 March 2010
At: 3.30pm

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