DIFC Courts

CFI 003/2010 - Order

July 05, 2010 court of first instance - Orders,Orders

Claim No. CFI 003/2010

 

THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE

 

IN THE COURT OF FIRST INSTANCE

 

BETWEEN

 

PETER EVANS & ORSClaimant
and

UNION PROPERTIES PJSC

Defendant

 

ORDER OF JUSTICE SIR JOHN CHADWICK MADE ON 24 JUNE 2010

 

UPON this matter coming on for hearing on Thursday, 24 June 2010

 

AND UPON reading the Part 8 Claim Form dated 26 January 2010 filed by the Applicants/Claimants listed in the Schedule hereto

 

AND UPON reading the supplemental Statement of Truth dated 21 February 2010

 

AND UPON reading the First Witness Statement of Peter Richard Evans dated 25 January 2010 and the documents produced

 

AND UPON reading the Respondent's/Defendant's Acknowledgement of Service dated 14 February 2010

 

AND UPON reading the First Witness Statement of Riaz Hussein dated 18 February 2010

 

AND UPON hearing counsel for the Applicants

 

AND UPON hearing counsel for the Respondent

 

IT IS ORDERED THAT:

 

1. The Respondent produce to the Applicants:

 

(a) all drafts of the proposed Sale and Purchase Agreements for units in The Index Tower submitted by the Respondent to DIFCA (or the master developer if it was not DIFCA) for approval at any time; and

 

(b) any covering correspondence indicating when the drafts were submitted and when approval was given;

 

2. The application in respect of the other documents sought by the Applicants be dismissed;

 

3. The Respondent file and serve an affidavit from Mr Hussein or another responsible officer within seven days of the date of this Order stating the dates upon which the Respondent issued Sale and Purchase Agreements to each applicant, together with a copy of the documents sent; and

 

4. The Respondent pay the Applicants' costs and expenses of the application.
 

Amna Alowais

Deputy Registrar

Date of Issue: 5 July 2010

At: 3pm

 

 

SCHEDULE OF APPLICANTS

 

Abi Rached, Antoine

Badami, Suhail

Bastaki, AbdulMonem

Behne, Rainer

Bhatia, Vijay & Dimple

Bhojani, Avishesha & Poonam

Boukhris, Lamia

Camarushy, Shekhar

Deshmukh, Vitthal & Pande, Amita

Evans, Peter Richard & Jinnah

Ismail, Mohammad Kamal

Kedia, Sandeep

Kraiche, Fady

Maarouf, Fadi

Majid, Adnan

Malik, Rashmi & Srivastava, Shavak

Mandsaurwala, Shabir Taher

Merchant, Murtuza & Nishrin

Nagpal, Rahul

Narula, Deepak

Nemer, Awni

Pissarra, Carlos & Paula

Puri, Sundeep

Rao, Vivek

Rietjens, Richard & Oosterwal, Sabien

Saadie, Antoine

Savage, Jenny and David

Sharif, Mohammad

Shaw, Matthew

Singanallur, Srinivas Raj Kumar

Warren, Helena