Caterpillar Financial Services (Dubai) Limited v (1) National Gulf Constructions LLC (2) National Gulf Investment LLC [2024] DIFC CFI 055 (14 February 2024)

Claim No. CFI 055/2018

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

CATERPILLAR FINANCIAL SERVICES (DUBAI) LIMITED

Claimant/Respondent

and

(1) NATIONAL GULF CONSTRUCTIONS LLC
(2) NATIONAL GULF INVESTMENT LLC

Defendants/Applicants


CONSENT ORDER


UPON the Parties having agreed to the terms herein

AND UPON the Parties having reached an amicable resolution of all disputes between them

AND UPON the Parties having entered into a binding settlement agreement in respect of all claims, counterclaims and appeals

AND UPON the Defendants having agreed to waive their right to commence appeal proceedings (despite being given permission to do by Order of H.E. Justice Shamlan Al Sawalehi dated 20 March 2023)

IT IS HEREBY ORDERED BY CONSENT THAT:

1. The Defendants have agreed to waive their right to commence any appeal proceedings and the Order of H.E. Justice Shamlan Al Sawalehi dated 20 March 2023 is hereby set aside.

2. These proceedings are forthwith discontinued.

3. The Judgment of H.E. Justice Shamlan Al Sawalehi dated 13 October 2020 (as amended and reissued on 27 October 2020) and the Order issued by the Court of First Instance on 12 October 2022 are set aside.

4. Each Party to bear its own legal costs in relation to these proceedings.

Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 14 February 2024
At: 4pm