February 11, 2021 court of first instance - Orders
Claim No: CFI 020/2019
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
TEMPO EVENTS MANAGEMENT
Claimant
and
ENVIE EVENTS LLC FZC
Defendant
ORDER OF H.E JUSTICE ALI AL MADHANI
UPON the order of the Deputy Registrar Nour Hineidi dated 11 June 2020 (the “Order”)
AND UPON the Claimant’s Appeal Notice dated 2 July 2020 seeking permission to appeal the Order (the “Appeal Application”)
AND UPON the order of the Deputy Registrar Nour Hineidi dated 17 September 2020 dismissing the Appeal Application
AND UPON the Claimant’s Appeal Notice dated 6 October 2020 seeking permission from the Court of Appeal to appeal the Order (the “Second Appeal Application”)
AND UPON the order of the Chief Justice Zaki Azmi dated 12 November 2020 dismissing the Second Appeal Notic
AND UPON the Defendant’s Application Notice issued on 24 September 2020 (“Application”)
AND UPON reviewing the First Witness Statement of DK Singh dated 22 September 2020
AND UPON the judge with conduct of the matter (the “Judge”) finding no urgency in the Application
AND UPON the Judge having regard to the decision in Vegie Bar LLC v Emirates National Bank of Dubai Properties PJSC [2016] DIFC CFI 009 (3 October 2016)
AND UPON considering the Rules of the DIFC Court
AND UPON reviewing the documents on the Court’s file
IT IS HEREBY ORDERED THAT:
1. Unless the Claimant provides security for the Defendant’s costs within 60 days of the date of issue of this order in the sum of AED 996,517.50, such security to be provided by payment of that sum into Court:
(a) the Claimant’s claim against the Defendant shall be struck out; and
(b) judgment shall be entered for the Defendant in respect of the Claimant’s claim.
2. For the avoidance of doubt, if the Claimant defaults in giving security, judgment shall not for that reason alone be entered for the Defendant on its counterclaim.
3. No order as to costs.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 11 February 2020
Time: 3pm