Claim No. CFI 036/2016
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF APPEAL
BETWEEN
MIDTOWN ACQUISITIONS L.P.
Claimant / Respondent
and
ESSAR GLOBAL FUND LIMITED
Defendant / Proposed Appellant
CONSENT ORDER
UPON the parties having agreed to the terms set forth in this Order
IT IS HEREBY ORDERED BY CONSENT THAT:
1.The time for service of the Proposed Appellant’s skeleton argument pursuant to Rule 44.75 of the Rules of the DIFC Courts (“RDC”) shall be extended to 4pm on Thursday 25 May 2017.
2. Unless the Proposed Appellant files its skeleton argument within the time limit set out in paragraph 1 of this Order, its application for permission to appeal will be automatically dismissed.
3. The Proposed Appellant shall lodge an appeal bundle with the Court together with the skeleton argument by no later than 4pm on Thursday 25 May 2017.
4. The sanctions set out at RDC 44.73 shall not apply in respect of the Proposed Appellant’s failure to file an appeal bundle together with the notice of appeal. The same sanctions will remain in force in respect of (i) complying with paragraph 3 of this order and (ii) the content of the appeal bundle pursuant to the RDC.
5. In accordance with RDC 44.82 the costs of preparing the Proposed Appellant’s skeleton argument will not be allowed on assessment except to the extent that the Court otherwise directs.
6. Taking into consideration the extension of time granted to the Proposed Appellant at paragraph 1 of this order, the Respondent shall be entitled to serve submissions in response, the costs of which will be fully recoverable in the event that permission to appeal is refused. If permission to appeal is granted then the costs of such submissions will be costs in the appeal.
7. The costs of this application to be borne by the Proposed Appellant in any event.
Issued by:
Maha Al Mehairi
Judicial Officer
Date of Issue: 21 May 2017
At: 10am
