CFI 008/2015 Bocimar International N.V. v Emirates Trading Agency LLC

Claim No: CFI 008/2015

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BETWEEN

BOCIMAR INTERNATIONAL N.V.

                                                Claimant/Judgment Creditor

and

EMIRATES TRADING AGENCY LLC

Defendant/Judgment Debtor


 ORDER OF REGISTRAR MARK BEER


UPON the debt owed by the Judgment Debtor to the Judgment Creditor pursuant to:

(1) the Orders made on 17 July 2014 by the High Court of England and Wales pursuant to Section 66 of the Arbitration Act (respectively, the “First Order” and the “Second Order” as more particularly described in the Claim Form issued on 30 March 2015);

(2) the Consent Order in the DIFC Courts of First Instance dated 26 January 2016; and

(3) the Judgment of Justice Sir John Chadwick dated 28 January 2016

AND UPON considering the Orders issued by the Court on 17 July 2016 (the “Part 50 Orders”) requiring that the following individuals attend Court to provide information pursuant to Part 50 of the Rules of the DIFC Courts (the “RDC”):

(1) Dani Baroudi, Licensed Manager of the Judgment Debtor;

(2) Bartholomew Kamya, Authorised Representative of the Judgment Debtor;

(3) Rashid Abdulla Ahmad Al Ghurair, Chairman of ETA Ascon Holding LLC, the 100% shareholder of the Judgment Debtor;

(4) Abdulaziz Abdullah Al Ghurair, Managing Director of ETA Ascon Holding LLC; and

(5) Ibrahim Abdullah Ahmad Al Ghurair, Licensed Manager of ETA Ascon Holding LLC

AND UPON the Judgment Creditor’s request at the Part 50 hearing on 1 August 2016 to grant an Order permitting alternative methods of service of the Part 50 Orders pursuant to RDC 9.32

IT IS HEREBY ORDERED THAT:

1.The Judgment Creditor shall be permitted to serve the Part 50 Orders for Mr Dani Baroudi and Mr Bartholomew Kamya by fax, registered mail and/or hand delivery to:

(a) ETA Star House Building
Deira, Dubai, UAE

Phone: +971 4 271 33 33
Fax: +971 4 272 97 61

(b) The registered address of the Judgment Debtor as set out in its commercial license.

2. The Judgment Creditor shall have liberty to apply by way of Part 23 Application for any further orders for alternative methods of service of the Part 50 Orders.

Issued by:

Mark Beer

Registrar

Date of issue: 27 September 2016

At: 4pm