Skip to Content

CFI 014/2016 (1) Mr Rafed Abdel Mohsen Bader Al Khorafi (2) Mrs Amrah Ali Abdel Latif Al Hamad (3) Mrs Alia Mohamed Sulaiman Al Rifai vs (1) Bank Sarasin Alpen (ME) Limited (2) Bank J Safra Sarasin (Formerly Bank Sarasin & Co)

CFI 014/2016 (1) Mr Rafed Abdel Mohsen Bader Al Khorafi (2) Mrs Amrah Ali Abdel Latif Al Hamad (3) Mrs Alia Mohamed Sulaiman Al Rifai vs (1) Bank Sarasin Alpen (ME) Limited (2) Bank J Safra Sarasin (Formerly Bank Sarasin & Co)

October 30, 2018

image_pdfimage_print

Claim No. CFI-014-2016

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

(1) MR RAFED ABDEL MOHSEN BADER AL KHORAFI

(2) MRS AMRAH ALI ABDEL LATIF AL HAMAD

(3) MRS ALIA MOHAMMED SULAIMAN AL RIFAI

Claimants

and

(1) BANK SARASIN ALPEN (ME) LIMITED

(2) BANK J. SAFRA SARASIN (FORMERLY BANK SARASIN & CO)

Defendants


ORDER OF JUSTICE SIR DAVID STEEL


UPON reviewing the Claimants application requesting the extension of time

AND UPON reviewing the Second Defendant’s response to the Claimant’s request for an extension of time

AND UPON the absence of any response from the Claimants by 22 October 2018

AND UPON reviewing all relevant material in the case file

IT IS HEREBY ORDERED THAT:

1. The Second Defendant shall be a respondent pursuant to RDC 23.2(2) to the Claimant’s application dated 31 July 2016 under Article 56 of the DIFC Insolvency Law (the “Art. 56 Application”).

2. By the earlier of either (i) 28 days after the date on which the Court of Appeal hands down judgment in CA-008-2018 or (ii) 4pm on 12 March 2019:

(i) The Defendants shall serve evidence in answer, if any, to the Art. 56 Application; and

(ii) The Claimant shall serve evidence in answer, if any, to the Second Defendant’s application made on 16 September 2018 to stay the proceedings (the “Stay Application”).

3. By 14 days after the date in paragraph (b) above:

(i) The Claimant is to serve evidence in reply, if any, in relation to the Art. 56 Application; and

(ii) The Second Defendant shall serve evidence in reply, if any, in relation to the Stay Application.

4. The Stay Application and the Art. 56 Application are to be listed together and determined at a one or two day hearing (the length of the hearing to be agreed by the parties or fixed by the Registry) on the first available date 14 days after the date in paragraph (c) above.

 

Issued by:

Ayesha Bin Kalban

Assistant Registrar

Date of Issue: 30 October 2018

At: 4pm

X

Privacy Policy

The Dubai International Financial Centre and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.

Dubai International Financial Centre and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.

  1. DIFC Courts's Top Management is committed to secure information of all our interested parties.
  2. Information security controls the policies, processes, and measures that are implemented by DIFC Courts in order to mitigate risks to an acceptable level, and to maximize opportunities in order to achieve its information security objectives.
  3. DIFC Courts and all its affiliates shall adopt a systematic approach to risk assessment and risk treatment.
  4. DIFC Courts is committed to provide information security awareness among team members and evaluate the competency of all its employees.
  5. DIFC Courts and all its affiliates shall protect personal information held by them in all its form.
  6. DIFC Courts and all its affiliates shall comply with all regulatory, legal and contractual requirements.
  7. DIFC Courts and all its affiliates shall provide a comprehensive Business Continuity Plan encompassing the locations within the scope of the ISMS.
  8. Information shall be made available to authorised persons as and when required.
  9. DIFC Courts’s Top Management is committed towards continual improvement in information security in all our processes through regular review of our information security management system.
X

Disclaimer

The content of the DIFC Courts website is provided for information purposes only and should be disregarded when making decisions on inheritance and any other matters. Whilst every reasonable effort is made to make the information and commentary accurate and up to date, the DIFC Courts makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on this website, which is subject to change at any time without notice. The information and commentary does not, and is not intended to, constitute legal advice by the DIFC Courts or any person employed or connected with it or formerly so employed or connected, to any person on any matter, be it in relation to inheritance, succession planning or otherwise. You are strongly advised to obtain specific, personal advice from a suitably qualified lawyer in relation to your personal circumstances and your objectives. The DIFC Courts does not assume any liability and shall not be liable to you for any damages, including but not limited to, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website, its administration and any content or lack thereof found on it. The information on this web site is not to be displayed except in full screen format. Although care has been taken to provide links to suitable material from this site, no guarantee can be given about the suitability, completeness or accuracy of any of the material that this site may be linked to or other material on the internet. The DIFC Courts cannot accept any responsibility for the content of material that may be encountered therein.