April 27, 2023 Court of Appeal - Orders
Claim No: CA 011/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF APPEAL
BETWEEN
SBM BANK (MAURITIUS) LTD
Respondent/Claimant
and
(1) RENISH PETROCHEM FZE
(2) MR HITESHKUMAR CHINUBHAI MEHTA
Appellants/Defendants
CONSENT ORDER
UPON the Consent Order dated 9 August 2022 pursuant to which the Second Appellant agreed to pay the Respondent's costs in the sum of USD 174,798.42 (the "Consent Order")
AND UPON the Order with Reasons of Chief Justice Zaki Azmi dated 18 August 2022 granting the Appellants permission to appeal the judgment of Justice Lord Angus Glennie dated 29 December 2021 subject to the payment of security for the Respondent's costs into the DIFC Courts' Escrow Account
AND UPON the Respondent's Application No. CA-011-2022/1 dated 30 September 2022 for additional conditions to be applied to the granting of the Appellants' permission to appeal (the "Additional Conditions Application")
AND UPON the Order of Chief Justice Zaki Azmi dated 16 December 2022 having awarded the Appellants their costs of the Additional Conditions Application
AND UPON the Second Appellant and the Respondent having agreed to the terms of this Consent Order
IT IS HEREBY ORDERED BY CONSENT THAT:
The agreed sum of USD 12,000 (the "Agreed Sum") shall be offset against the sum of USD 174,798.42 that the Second Appellant agreed to pay the Respondent pursuant to the Consent Order.
After the deduction of the Agreed Sum from the amount due to be paid to the Respondent by the Appellants pursuant to the Consent Order, the Second Appellant shall be liable to pay the Respondent's costs in the sum of USD 162,798.42.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 27 April 2023
At: 12pm
