May 24, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 090/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
IDBI BANK LIMITED (DIFC BRANCH)
Claimant/Respondent
and
(1) FAST TELECOM GENERAL TRADING LLC
(2) FAST TELECOM LOGISTICS FZE (currently named as Elegance Mobile Solutions Logistics FZE)
(3) FAST LINK MOBILE FZCO (currently named as FAST TELECOM LOGISTICS FZE)
(4) MR ALI MOHD SALEM ABU ADAS
Defendants
(5) MOHAMMED JAWDAT AYESH MUSTAFA AL BARGUTHI
Defendant/Applicant
ORDER WITH REASONS OF JUSTICE MICHAEL BLACK
UPON reviewing the Fifth Defendant’s Application No. CFI-090-2021/5 dated 8 May 2023 for an order that the Court stay the case as against the Fifth Defendant by virtue of an ongoing criminal investigation and Forensic Report, issued by the Dubai Police’s General Department of Forensic and Criminology related to the current proceedings (the “Application”)
AND UPON reviewing the Claimant’s evidence in answer dated 22 May 2023
AND UPON reviewing all documents filed in support of the Application
IT IS HEREBY ORDERED THAT:
1. The Application is granted.
2. Proceedings, as against the Fifth Defendant, are stayed pending the outcome of the ongoing criminal investigation.
3. The Trial listed for 10.30am on Friday, 26 May 2023 shall be adjourned.
4. The costs of the Application shall be costs in the case.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 24 May 2023
At: 3pm
SCHEDULE OF REASONS
1. The Fifth Defendant has applied to stay the proceedings pending the outcome of the ongoing criminal investigation.
2. The Claimant opposes the application on the grounds that:
(a) the forensic report issued by the Dubai police is not a final and conclusive document;
(b) the criminal case is still in the initial stages of proceedings whereby the file is still with the police station;
(c) the file would need to be further progressed and subsequently transferred to the Public Prosecution;
(d) once the criminal case is duly registered the criminal court would need to issue a judgment which indeed would prove that the alleged crime of forgery took place; and
(e) in such a case the Fifth Defendant would be entitled to file an application for stay of the proceedings.
3. The police report states in terms that Muhammad Jawdat Ayesh Mustafa Al Barghouthi did not handwrite any of the signatures alleged to be his on the document under examination. There is no suggestion in the report that it is not final and conclusive.
4. On 7 March 2023, the Dubai Police informed the Court that the investigation is ongoing.
5. In the circumstances, I consider that the proceedings should be stayed pending the outcome of the ongoing criminal investigation and that the costs of the application shall be costs in the case. I do not consider that it is necessary to await a final judgment in the criminal proceedings before granting the stay. On the contrary I consider that it is appropriate to do so now as the police investigation may decide who forged the Fifth Defendant’s signature but there is currently uncontradicted evidence that the signature was a forgery.