ENF 023/2023 CFI 046/2023 GTC Trading S.A. v (1) Hazem Abdolshahid Mahmoudi Rashed (2) H.M.R. Investment Holding Limited [2023] DIFC ENF 022 (25 September 2023)

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You are here: BAILII >> Databases >> The Dubai International Financial Centre >> ENF 023/2023 CFI 046/2023 GTC Trading S.A. v (1) Hazem Abdolshahid Mahmoudi Rashed (2) H.M.R. Investment Holding Limited [2023] DIFC ENF 022 (25 September 2023)
URL: http://www.bailii.org/ae/cases/DIFC/2023/DENF_022.html
Cite as: [2023] DIFC ENF 22, [2023] DIFC ENF 022

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ENF 022/2023 ENF 023/2023 CFI 046/2023 GTC Trading S.A. v (1) Hazem Abdolshahid Mahmoudi Rashed (2) H.M.R. Investment Holding Limited

September 25, 2023 COURT OF FIRST INSTANCE - ORDERS

Claim No. ENF 022/2023
ENF 023/2023
CFI 046/2023

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

GTC TRADING S.A.

Claimant

and

(1) HAZEM ABDOLSHAHID MAHMOUDI RASHED
(2) H.M.R. INVESTMENT HOLDING LIMITED

Defendants


CONSENT ORDER


UPON reviewing the correspondence between the parties’ legal representatives and the Registry in relation to the Part 8 Claim No. CFI-046-2023, the Enforcement Order of Justice Sir Jeremy Cooke dated 3 February 2023 (the “Enforcement Order”) and the Worldwide Freezing Order dated 3 February 2023 (the “Worldwide Freezing Order”) both made in related Claim No. ENF-022-2023, and the Interim Charging Order dated 3 February 2023 (which was made final on 20 March 2023) (the “Charging Order”) in related Claim No. ENF-023-2023

AND UPON the DIFC Courts Registry’s direction dated 5 September 2023 that the parties seek to agree procedural matters to be resolved in order to progress the Claim

AND UPON the parties having agreed the proposed directions to resolve the outstanding procedural matters

AND UPON reviewing the Rules of the DIFC Court (the “RDC”)

IT IS HEREBY ORDERED BY CONSENT THAT:

Consolidation of related proceedings

1. All proceedings under Claim Numbers ENF-022-2023, ENF-023-2023 and CFI-046- 2023 are consolidated pursuant to the DIFC Court’s case management powers contained in RDC 4.2(7).

2. The parties agree for Claim No. CFI-046-2023 to be heard at the same hearing as the First Defendant’s Application to set aside the Enforcement Order and to discharge the Charging Order and the Worldwide Freezing Order in ENF-022-2023 and ENF-023- 2023 (the “Applications”)

Directions in relation to Claim No. CFI-046-2023

3. The deadline for the First Defendant to file and serve written evidence in defence of these proceedings shall be retrospectively extended until4pm on Monday 25 September 2023pursuant to the DIFC Court’s case management powers contained in RDC 4.2(1).

4. The evidence filed in support of the Applications will be taken as having been filed together with the First Defendant’s Acknowledgement of Service as prescribed by RDC 8.26 and shall be admitted as the Defendants’ written evidence in defence of Claim No. CFI-046-2023.

5. The deadline for the Claimant to file any evidence in reply is extended to4pm on Monday 23 October 2023,being the same date as the deadline for the evidence in answer to the Applications, pursuant to RDC 8.33.

Directions for the First Defendant’s Applications

6. The First Defendant shall file and serve the Applications by no later than4pm on Monday 25 September 2023.

7. The Claimant shall file and serve its evidence in answer to the Applications within 28 days of service of the Applications, and in any event by no later than4pm on Monday 23 October 2023.

8. The First Defendant shall file and serve its evidence in reply (if any) within 14 days of service of the evidence in answer, and in any event by no later than4pm on Monday 6 November 2023.

9. The parties shall provide their mutual dates to avoid together with a time estimate to the Registry for the listing of the hearing of the Applications by no later than 4pm on the day following service of the First Defendant’s evidence in reply (if any), and in any event by no later than4pm on Tuesday 7 November 2023,with the Registry to list the hearing for the earliest available date on which the allocated judge has availability thereafter.

Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 25 September 2023
At: 10am


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URL: http://www.bailii.org/ae/cases/DIFC/2023/DENF_022.html