October 13, 2026 Court of First Instance - Orders
Claim No: CFI 040/2025
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) TRAFIGURA PTE LTD
(2) TRAFIGURA INDIA PVT LTD
Claimants
and
(1) MR PRATEEK GUPTA
(2) MS GINNI GUPTA
Defendants
ORDER WITH REASONS OF H.E. JUSTICE ROBERT FRENCH
UPON the Order and Judgment of H.E. Justice Robert French dated 9 September 2026 (the “Judgment”)
AND UPON reading the parties’ correspondence concerning paragraph 299 of the Judgment and the corresponding provision in Order A.2.
AND PURSUANT TO the Rules of the DIFC Courts (“RDC”)
IT IS HEREBY ORDERED THAT:
1. Pursuant to RDC 36.41:
(a) Paragraph 299 of the Judgment is corrected by substituting ‘DIFC’ for ‘UAE’.
(b) Order A.2. is corrected to read:
2. “The DIFC FO is further varied by requiring an undertaking in paragraph 7 of Schedule B in the following terms:
7. The Applicants will not without permission of the Court seek to enforce this Order anywhere outside the DIFC.”
Issued by:
Hayley Norton
Assistant Registrar
Date of Issue: 13 October 2026
At: 10am
SCHEDULE OF REASONS
1. The Second Defendant has drawn to the attention of the Court a typographical error in the Judgment and Order of the Court relating to the conduit issue — as to which generally see paragraphs 283 to 299 of the Judgment and Order A.2.
2. In paragraph 294 it was said, in relation to the invocation of the DIFC FO in the onshore courts:
“In my opinion, however, it is appropriate that any such enforcement action be subject to the supervision of this Court. An undertaking to that effect will be required from the Claimants.”
3. It is apparent that it was intended that the undertaking related to enforcement of the DIFC FO anywhere “outside the DIFC” and not “outside the UAE” as paragraph 299 presently reads. Paragraph 299 of the Judgment shall be corrected accordingly pursuant to RDC 36.41. Order A.2. will also be corrected to vary the DIFC FO by requiring an undertaking in paragraph 7 of Schedule B in the following terms:
“7. The Applicants will not without permission of the Court seek to enforce this Order anywhere outside the DIFC.”
