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CFI 033/2017 Bankmed (SAL) Trading in the DIFC under The Trade Name Bankmed (Dubai) v (1) Fast Telecom General Trading LLC (2) Ali Mohammed Salem Abu Adas (3) Mohammad Jawdat Ayesh Mustafa Al Bargouthi (4) Saif Saeed Sulaiman Mohamed Al Mazrouei (5) Ibrahim Saif Hormodi (6) Ahmed Abdel Kader Hamdan Zahran

CFI 033/2017 Bankmed (SAL) Trading in the DIFC under The Trade Name Bankmed (Dubai) v (1) Fast Telecom General Trading LLC (2) Ali Mohammed Salem Abu Adas (3) Mohammad Jawdat Ayesh Mustafa Al Bargouthi (4) Saif Saeed Sulaiman Mohamed Al Mazrouei (5) Ibrahim Saif Hormodi (6) Ahmed Abdel Kader Hamdan Zahran

December 10, 2018

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Case No. CFI-033-2017

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

(1) BANKMED (SAL) TRADING IN THE DIFC UNDER THE TRADE NAME BANKMED (DUBAI)

Claimant/Applicant

and

(1) FAST TELECOM GENERAL TRADING LLC

(2) ALI MOHAMMED SALEM ABU ADAS

(3) MOHAMMED JAWDAT AYESH MUSTAFA AL BARGOUTHI

(4) SAIF SEED SULAIMAN MOHAMED AL MAZROUEI

(5) IBRAHIM SAIF HORMODI

(6) AHMED ABDEL KADER HAMDAN ZAHRAN

Defendants/Respondents


ORDER WITH REASONS OF H.E. JUSTICE OMAR AL MUHAIRI


UPON reviewing the Applicant’s (“Claimant’s) Application dated 5 December 2018 and supporting documents (the “Request”) seeking Default Judgment against the Fourth Defendant

AND UPON reviewing the Respondent’s submissions in response

IT IS HEREBY ORDERED THAT:

1.The Request for Default Judgment against the Fourth Defendant is dismissed.

2. Costs shall be costs in the case.

Issued by:

Ayesha Bin Kalban

Assistant Registrar

Date of issue: 10 December 2018

Time: 9am

 

 

SCHEDULE OF REASONS

1.The Fourth Defendant filed his Statement of Defence at the Registry on time. The Court takes into account the National Holiday which took place 30 November until 4 December 2018.

2. The Fourth Defendant’s Statement of Defence was filed on 4 December 2018 which was the first working day following the National Holiday.

3. Therefore, I find the Request to be without merit and should be dismissed. Costs shall be costs in the case.

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