December 11, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 008/2023
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
FAIZAL BABU MOORKATH
Claimant/Defendant in Counterclaim
and
EXPRESSO TELECOM GROUP LTD
Defendant/Claimant in Counterclaim
AMENDED ORDER OF H.E. JUSTICE NASSIR AL NASSER
UPON the Case Management Order of H.E. Justice Maha Al Mheiri dated 31 July 2023
AND UPON reviewing the Claimant’s Request to Produce pursuant to Rule 28.16 of the Rules of the DIFC Courts dated 6 September 2023 (the “Claimant’s Request”)
AND UPON reviewing the Defendant’s objections to the Claimant’s Request to Produce dated 20 September 2023 (the “Defendant’s Objections”)
AND UPON reviewing the Claimant’s response to the Defendant’s Objections dated 27 September 2023
AND UPON the Claimant’s Application Notice CFI-008-2023/2 seeking a document production order dated 10 November 2023 (the “Application”)
AND UPON the Defendant’s evidence filed in answer to the Application dated 29 November 2023
AND UPON the Claimant’s evidence in reply dated 6 December 2023
AND PURSUANT TO Part 28 of the Rules of the DIFC Courts (“RDC”)
IT IS HEREBY ORDERED THAT:
1. The Claimant’s Requests 1, 2, 3, 5, 6 (partially which relates to the Defendant), 8, 9, 10, 12 and 16 (internal documents which relates to the decision of the Claimant’s dismissal) shall be granted and shall be produced by the Defendant within 14 days from the date of this order.
2. The Claimant’s requests 4, 6 (which relates to Sudatel), 7, 13, 14 shall be rejected.
3. The Defendant shall provide a witness statement in relation to the requests 11 and 15 that such documents do not exist within 14 days from the date of this order.
4. The parties shall have liberty to apply.
5. Costs in the case.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 7 December 2023
Date of Re-Issue: 11 December 2023
At: 11am
