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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

January 13, 2019

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Claim No. CFI-033-2017

THE DUBAI INTERNATIONAL FINANCIAL CENTRECOURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

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

Claimant/Respondent

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

(3)AHMED ABDEL KADER HAMDAN ZAHRAN

Defendants/Applicant


AMENDED ORDER OF H.E. JUSTICE OMAR AL MUHAIRI


UPON reviewing the Second Appellant’s application for permission to appeal dated 25 November 2018

AND UPON reviewing the Third Appellant’s application for permission to appeal dated 12 December 2018 which was filed on 3 December 2018 and is within the timeframe of 21 days as pursuant to Part 44 of the Rules of the DIFC Courts (the “RDC”)

AND UPON reviewing the Respondent’s submissions in response to the Second Appellant and the Third Appellant’s application for permission to appeal dated 9 January 2019

AND UPON hearing Counsel for the parties at a hearing held on 10 January 2019

AND UPON reviewing the Claimant’s Application No: CFI-033-2017/9 for Immediate Judgment against the Fourth Defendant dated 13 December 2018 (“Immediate Judgment Application”)

IT IS HEREBY ORDERED THAT:

1.The Second Appellant is granted permission to appeal against the Judgment of H.E. Justice Omar Al Muhairi dated 12 November 2018, pursuant to RDC 44.1(2), on the basis that there is a compelling reason why the appeal should be heard.

2.The Third Appellant is granted permission to appeal against the Judgment of H.E. Justice Omar Al Muhairi dated 12 November 2018, pursuant to RDC 44.1(2), on the basis that there is a compelling reason why the appeal should be heard.

3. The Case Management Conference and Immediate Judgment Application hearing dated 16 January 2019 shall be vacated until further Order by the Court.

4. Costs shall be costs in the case.

 

Issued by:

Ayesha Bin Kalban

Assistant Registrar

Date of issue: 10 January 2019

Date of re-issue: 13 January 2019

Time: 12pm

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