November 15, 2020 Court of First Instance -Orders
Claim No: CFI 009/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
ALI MOUSA & SONS ALUMINIUM INDUSTRIES
and
SUN ENGINEERING & CONTRACTING LLC
ORDER OF JUDICIAL OFFICER NASSIR AL NASSER
UPON reviewing the Defendant’s Application No. CFI-009-2020/3 dated 15 October 2020 seeking a Court Order to separate the two claims filed by the Claimant under one claim form (the “Application”)
AND UPON considering the first claim which relates to project Manazel Al Khor Project in Al Jaddaf Waterfront where the Claimant is seeking an amount of AED 2,802,350 (“Claim 1”)
AND UPON considering the second claim which relates to Sparkle Tower Project, in Dubai Marina, where the Claimant is seeking an amount of AED 7,061,497.50 (“Claim 2”)
AND UPON reviewing the Claimant’s reply to the Application dated 28 October 2020
AND UPON reviewing the Defendant’s evidence in reply filed on 4 November 2020
AND UPON reviewing the Court file
IT IS HEREBY ORDERED THAT:
1. The Application is granted.
2. Claim 2 filed under CFI-009-2020, be struck out and the Claimant shall file Claim 2 under a new separate claim form.
3. Claim 1 shall continue under CFI-009-2020.
4. The Claimant shall file an amended Particulars of Claim in relation to Claim 1 by no later than 4pm on Sunday, 15 November 2020.
5. The Defendant shall file an amended defence in relation to Claim 1 by no later than 4pm on Sunday, 22 November 2020.
6. The Claimant shall bear the costs of this Application, to be assessed by the Registrar if not agreed.
Issued by:
Nour Hineidi
Registrar
Date of issue: 15 November 2020
At: 9am
