November 01, 2024 court of first instance - Orders
Claim No: CFI 004/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
ZUZANA KAPOVA
Claimant
and
(1) MILOSLAV MAKOVINI
(2) PHARMTRADE HOLDING LTD
Defendants
CONSENT ORDER
UPON paragraph 3 of the Order with Reasons of Justice Sir Jeremy Cooke dated 7 August 2024 (the “Order”) directing that the Defendants may file an Amended Defence within 28 days of the Order and the Claimant may file any Reply thereto within 21 days thereafter.
AND UPON the Defendants having filed and served Amended Defence and Counterclaim on 4 September 2024
AND UPON the Consent Order issued by the Registry on 8 October 2024, varying paragraph 3 of the Order
AND UPON the Defendants’ Application No. CFI-004-2023/11 dated 16 October 2024, seeking to join Mr. Sebastian Kappa as a third party in these proceedings (the “Defendants’ Joinder Application”)
AND UPON the parties having agreed by consent to vary the Order to accommodate the potential outcome of the Defendants' Application
IT IS HEREBY ORDERED THAT:
1. Paragraph 3 of the Order is varied such that:
(a) If the Defendants' Joinder Application is granted:
(i) The Defendants shall serve the Re-Amended Defence and Counterclaim and all relevant documents upon Mr. Sebastian Kapa within 7 days from the date of the Court's decision on the Defendant’s Joinder Application. The Defendants are granted permission to serve Mr. Sebastian Kapa by email to “sebo.kapa@gmail.com”.
(ii) The Claimant shall, if so advised, file and serve any Reply and Defence to Counterclaim within 21 days from the date of the Court's decision on the Defendant’s Joinder Application.
(iii) Upon being served as above, Mr. Sebastian Kapa shall:
a. file and serve his Acknowledgment of Service within 7 days from the date of service by email.
b. file and serve his Defence to the Re-Amended Defence and Counterclaim within 21 days from the date of service by email or within such other period as the Court may direct.
(b) If the Defendants' Joinder Application is refused, the Claimant shall, if so advised, file and serve any Reply and Defence to Counterclaim within 14 days from the date of the Court's decision on the joinder application.
1. There shall be no order as to costs.
2. The parties shall have liberty to apply.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 1 November 2024
At: 11am
