Mashreqbank's original legal strategy was to pursue two cases: one against the partnership and a separate case against the heirs.
You'll recall earlier that earlier this month Judge Lowe ruled against Mashreqbank in its case against the heirs of Ahmad Hamad Al Gosaibi. And if you don't remember this, here's the link to an earlier post.
Judge Lowe had stated that since Mashreqbank (a) had not joined the general partners to the suit against the partnership and (b) had not alleged alleged that the partnership was insolvent or otherwise unable to pay its debts, it had no legal basis for pursuing a judicial order against AHAB's general partners.
Judge Lowe had stated that since Mashreqbank (a) had not joined the general partners to the suit against the partnership and (b) had not alleged alleged that the partnership was insolvent or otherwise unable to pay its debts, it had no legal basis for pursuing a judicial order against AHAB's general partners.
His ruling was "without prejudice" meaning that Mashreq's lawyers had the opportunity to attempt to remedy the legal shortcoming.
On 24 March Mashreq's lawyers, Cleary Gottlieb, filed a motion for consolidation of NYSC Case 601650/2009 (against AHAB) and 602171/2009 (against the general partners of AHAB). If accepted this will apparently neatly resolve the legal issues cited in Judge Lowe's ruling. The documents are filed at the NYSC website. For Case 601650, it is Document 117. For Case 601171, it's Document 47.
You'll find instructions on how to access the Supreme Court of New York's website in the earlier post linked above.
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