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CFI 030/2018 Barclays Bank PLC vs Mr Anand Narain Kapoor

CFI 030/2018 Barclays Bank PLC vs Mr Anand Narain Kapoor

May 20, 2019

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Claim No: CFI-030-2018

 

IN THE DUBAI INTERNATIONAL FINANCE CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BETWEEN:

BARCLAYS BANK PLC

Claimant

and

MR ANAND NARAIN KAPOOR

Defendant


ORDER OF JUSTICE SIR RICHARD FIELD


UPON the Trial of this Claim being listed to start on Sunday 19 May 2019

AND UPON the Defendant: (a) informing the Court by email on Wednesday 15 May that he had filed a petition (the ‘Petition’) with the Joint Judicial Committee (the ‘Committee’) to determine jurisdiction; (b) subsequently providing further documentation in relation to that Petition; and (c) applying to suspend the claim (the ‘Application’)

AND UPON considering the terms of Dubai Decree No. 19 of 2016

AND UPON the Claimant’s application for wasted costs

AND UPON hearing Counsel for the Claimant and the Defendant in person

IT IS HEREBY ORDERED THAT:

1.The Defendant must, by 4pm on Tuesday 21 May 2019, swear, file and serve an affidavit:

1.1 stating that his Petition to the Committee has been filed and accepted by the Committee;

1.2 stating that the necessary filing fee has been paid to the Committee; and

1.3 exhibiting all documentation filed with and received from the Committee in respect of his Petition.

2. On the basis that the Petition has been properly filed with the Committee, the hearing of the trial on Sunday, 19 May 2019 is adjourned and the claim suspended until the Committee determines the outcome of the Defendant’s petition.

3. The Defendant is to pay the Claimant’s wasted costs, as a result of the Petition and Application, on the indemnity basis – immediately assessed in the sum of US$50,280.52 payable by the Defendant by 4pm on 9 June 2019.

Issued by:

Ayesha Bin Kalban

Assistant Registrar

Date of Issue: 20 May 2019

At: 9am

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