CFI 012/2010 - Consent Order
CFI 012/2010 - Consent Order
May 07, 2013  court of first instance - Orders,Orders
Claim No. CFI 012/2010
THE DUBAI INTERNATIONAL FINANCIAL CENTRE
COURTS
IN THE
COURT
OF FIRST INSTANCE
BEFORE H.E. JUSTICE OMAR AL MUHAIRI
BETWEEN
(1) SMARTPAPER COMPUTER SOFTWARE LLC
First Claimants
(2) SAMI CARACUND
Second
Claimant
(Non-Party)
and
(1) KEROS LLC
First
Defendant
(2) FAROUK SAID
Second Defendant
CONSENT ORDER
UPON
reading Application No. CFI 012/2010/08 & 09.
AND UPON
hearing Counsel for the Second Defendant, Counsel for the First Claimant and Mr Sami George Henry Sami Caracund, the Second Claimant
AND UPON
the Second Claimant, Mr Sami George Henry Sami Caracund and the Second Defendant having agreed to the terms set out below, in full and final settlement of any and all claims, including but not limited to, all existing claims and/or future claims, however so arising, either in the
DIFC Courts
,
Dubai Courts
and/or otherwise in relation to the Amended Final Cost Certificate, as defined below at paragraph 03; and in relation to Dubai Courts Case No. 2013/84 and the Travel Ban issued thereunder.
IT IS ORDERED THAT
Application No CFI 012/2010/08
1. Application No. CFI 012/2010/08 be dismissed.
2. The First Claimant and the Second Claimant Mr Sami George Henry Sami Caracund, the Manager and Shareholder of the Claimant, jointly and severally, shall pay the Second Defendant's costs of and occasioned by Application CFI 012/2010/08 in the amount of AED 100,000 (One hundred thousand Dirhams), by 4pm on 27 May 2013.
Application No CFI 012/2010/09
3. Pursuant to the Amended Order of Justice Sir John Chadwick dated 09 May 2012 ("
the Amended Order
") read in conjunction with the Amended Final Cost Certificate of Justice David Williams dated 27 December 2012 ("
Amended Final Cost Certificate
"):
3.1. The Second Claimant Mr Sami George Henry Sami Caracund, the Manager and Shareholder of the Claimant is added as a Party to the proceedings for the purposes of costs only pursuant to RDC Part 20.11; and
3.2. The Second Claimant, Mr Sami George Henry Sami Caracund is made personally liable to make payments of those costs awarded in the Amended Order and Final Costs Certificate.
4. No order as to costs in relation to Application No. CFI 012/2010/09.
H.E. Justice Omar Al Muhairi
Judge
Date: 7 May 2013
At: 11am