Claim No. CFI 069/2024

IN 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 HOLDINGS LIMITED

Defendant

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

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

AND UPON the Defendant’s Application No. CFI-069-2024/3 dated 30 June 2025 seeking the Claimants to provide and service the information and documents set out in paragraph 17 of the Order of H.E. Justice Sir Jeremy Cooke dated 19 March 2025 (the “Unless Order Application”)

AND UPON the Defendant’s Application No. CFI-069-2024/4 dated 22 August 2025 seeking the Claimants to pay security for the costs of the litigation (the “Security for Costs Application”)

AND UPON the parties’ email correspondence dated 22 August 2025 and 26 August 2025

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

AND PURSUANT TO the Rules of the DIFC Courts (“RDC”)

IT IS HEREBY ORDERED THAT:

1. The time for the Claimant’s responsive evidence to the Defendant’s Security for Costs Application is to be abridged to 4pm on 3 September 2025.

2. The time for any evidence in reply from the Defendants is to be abridged to 4pm on 20 September 2025.

3. The Defendant shall, by no later than 4pm on 21 September 2025, give the Court an updated estimate of time needed for the CMC Hearing, where both the Unless Order and the Security for Costs Applications are to be determined, together with any further directions.

4. The skeleton Arguments are to be served and filed by no later than 4pm on 24 September 2025 on both applications and in respect of any directions sought to progress the matter towards trial.

5. The CMC Hearing is fixed for 26 September 2025. The Unless Order Application is to be determined first and the Security for Costs Application to be dealt with if time allows.

Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 29 August 2025
At: 2pm

1. The principle of the grant of security for costs has been accepted by the Claimant in relation to the prior application for security, so only quantum should be in issue, subject to any new argument of stifling.

2. The abridged time limits put forward by the Defendant are abridged from those required for a heavy application (which would allow the Claimant until 19 September 2025 to respond), whereas an ordinary application would entitle the Claimant to only 14 days for its response, namely by 5 September 2025.

3. On the dates advanced by the Defendant, in respect of its Security for Costs Application dated 22 August 2025, the time for the Claimant’s response expires on 12 September so that the Claimant would only receive 6 days less to respond to a heavy application, which this should not be, if confined to quantum.

4. The Claimant still has adequate time to instruct DIFC Courts registered practitioners and to deal with both the Unless Order Application and the Security for Costs Application as well as advance its submissions as to the future conduct of the litigation.

5. The Defendant, which is represented, is to inform the Court of the estimate duration of the CMC Hearing on receipt of the Claimant’s evidence in response to the Security for Costs Application.

6. Case Management efficiency requires both applications to be determined at the CMC Hearing if practicable.