November 25, 2009 court of first instance - Orders,Orders
Claim No: CFI 018/2009
THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE
IN THE COURT OF FIRST INSTANCE
BETWEEN
MOHAMMAD KHALID YOUSAF | Claimant |
andYUSR ISLAMIC INVESTMENT BANK | Defendant |
ORDER OF THE REGISTRAR
MADE ON 17 NOVEMBER 2009
An Application was made by the Defendant (Applicant) to file an amended defence by Application Notice dated 9 November 2009.
The Registrar read the Application Notice filed by the Defendant requesting the permission to amend its Defence relying on Rule 18.2 and Part 23 of the DIFC Courts Rules, alleging that additional matters of fact had been raised.
The Claimant (Respondent) opposed this Application by email dated 10 November 2009 on the basis that it is an attempt by the Applicant to introduce new elements and avoid allegations made in the Particulars of Case and Defence Reply. The Respondent objected relying on Rule 18.7 and Rule 18.8 that much of the information in the proposed Amended Defence was irrelevant and intended to confuse the reader. The Respondent cited Rules 18.19, 18.20, 18.21 till the end of part 18.
The Registrar heard oral submissions from both parties concerning this Application on 17 November 2009.
The Parties have agreed the directions set out in paragraphs1 and 2 below which are made by consent.
IT IS ORDERED that:
Mark Beer
Registrar
Date of Issue: 25 November 2009
At: 9am