Claim No: CFI 069/2024

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

(1) KESHAV GLOBAL TRADING LLC
(2) KESHAV GLOBAL PRIVATE LIMITED

Claimants

and

ETG COMMODITIES HOLDING LIMITED

Defendant

ORDER WITH REASONS OF H.E. JUSTICE SIR JEREMY COOKE

UPON the Part 7 Claim dated 26 September 2024 (the “Claim”)

AND UPON the Defendant’s Application No. CFI-069-2024/3 dated 30 June 2025, seeking an Unless Order (the “Unless Application”)

AND UPON the Case Management Conference listed on 26 September 2025 before H.E. Justice Sir Jeremy Cooke (the “CMC”)

AND UPON review of the submissions on the Court file

IT IS HEREBY ORDERED THAT:

1. The Unless Application is not appropriate for determination on paper and must be dealt with at a hearing.

2. Should the Defendant wish to pursue its Unless Application, it should do so at the CMC.

3. The Claimants are to file a witness statement, or more than one such statement if needed, in support of their position in relation to the Unless Application by no later than 4pm on Thursday, 3 September 2025.

4. The parties are to file and serve their Skeleton Arguments by no later than 12pm on 24 September 2025.

Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 13 August 2025
At: 3pm

1. This Unless Application is not appropriate for determination on paper and must be dealt with at a hearing, whether or not the Claimants are represented then. If the Claimants remains unrepresented, it is the duty of Counsel for the Defendant to assist the Court, as any registered practitioner should be aware. That cannot properly be done on paper in a case like this where there are accusations of fraud against the Defendant and clear issues of fact in relation to the withdrawal of banking facilities and in relation to loss and damage. If the Defendant wishes to pursue its Unless Application, it should do so at the CMC.

2. The Claimants must file a witness statement, or more than one such statement if needed, in support of their position in relation to the Defendant’s Unless Application within a period of 21 days from today in order that the matter can be determined at the CMC, whether or not it has legal representation by then. That witness statement or statements must be made by a person or persons with knowledge of the events relied on to support the Claim and to support the loss and damage claimed, including the alleged negotiation and relationship with the banks and the lost contracts and business allegedly lost by the Claimant, and/or its subsidiaries or affiliated companies. The loss and damage claimed must be fully particularised in evidence and all documents relied on produced by the Claimant.

3. It is in the Claimants’ best interests to secure legal representation as soon as possible in order to deal with the Unless Application and the future conduct of this matter and to ensure compliance with existing Court Orders. The Claimants should engage lawyers who are familiar with the practice of the DIFC Courts. The effect of the Unless Order sought would be to shut out claims for loss and damage if the order was not complied with in the time prescribed. The witness statement(s) should therefore address all the matters of which complaint is made by the Defendant and provide all evidence relied on in support of the claims.

4. Skeleton arguments are to be served 48 hours in advance of the CMC, whether or not the Unless Application is pursued at the CMC. If the Claimants remain unrepresented, the Defendant’s skeleton should provide the assistance to the Court required when the opposing party is unrepresented. In that connection the engagement of Counsel familiar with the DIFC Court would be of great assistance.