IDBI Bank Limited, DIFC Branch v (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 (5) Mohammed Jawdat Ayesh Mustafa Al Barguthi [2025] DIFC CFI 090 (03 June 2025)

IDBI Bank Limited, DIFC Branch v (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 (5) Mohammed Jawdat Ayesh Mustafa Al Barguthi [2025] DIFC CFI 090 (03 June 2025)

The application to lift the stay was refused because the central issue—whether the Fourth Defendant forged the Fifth Defendant’s signature—remains the subject of an ongoing criminal investigation, and no specific prejudice to the Bank from the delay was demonstrated.

Citation
[2025] DIFC CFI 090
Parties
Claimant/applicant: IDBI Bank Limited, DIFC Branch; Defendant: Fast Telecom General Trading LLC; Defendant: Fast Telecom Logistics FZE (currently named as Elegance Mobile Solutions Logistics FZE); Defendant: Fast Link Mobile FZCO (currently named as Fast Telecom Logistics FZE); Defendant: Mr Ali Mohd Salem Abu Adas; Defendant/respondent: Mohammed Jawdat Ayesh Mustafa Al Barguthi
Jurisdiction
United Arab Emirates
Judgment Date
03 June 2025
Procedural Posture
Civil Commercial Claim / Interlocutory Application to Lift Stay Pending Criminal Investigation
Outcome
Application refused; stay remains in place.
Legal Topics
Guarantee Enforcement, Forgery Allegations, Stay of Proceedings, Costs Orders
Banking Law Contract Law Civil Procedure Guarantee Enforcement Forgery Allegations Stay of Proceedings Costs Orders

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Parties

IDBI Bank Limited, DIFC Branch

Claimant/applicant

Fast Telecom General Trading LLC

Defendant

Fast Telecom Logistics FZE (currently named as Elegance Mobile Solutions Logistics FZE)

Defendant

Fast Link Mobile FZCO (currently named as Fast Telecom Logistics FZE)

Defendant

Mr Ali Mohd Salem Abu Adas

Defendant

Mohammed Jawdat Ayesh Mustafa Al Barguthi

Defendant/respondent

Procedural Posture

Civil Commercial Claim / Interlocutory Application to Lift Stay Pending Criminal Investigation

Legal Issues

  1. 1 Whether the stay of proceedings against the Fifth Defendant should be lifted pending the outcome of a related criminal investigation
  2. 2 Whether the outcome of the criminal investigation is relevant to the civil claim
  3. 3 Entitlement to costs for resisting the application

Ratio Decidendi

The application to lift the stay was refused because the central issue—whether the Fourth Defendant forged the Fifth Defendant’s signature—remains the subject of an ongoing criminal investigation, and no specific prejudice to the Bank from the delay was demonstrated.

Court Disposition

Application refused; stay remains in place.

Orders

  • The Application to lift the stay is refused.
  • The stay of proceedings against the Fifth Defendant remains in place.