Claim No. CFI 024/2010
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE DIFC COURTS OF FIRST INSTANCE
BEFORE JUSTICE SIR DAVID STEEL
BETWEEN
CASE MANAGEMENT ORDER OF JUSTICE SIR DAVID STEEL
UPON REVIEWING the Court file
AND UPON REVIEWING the Case Management Bundle
AND UPON the Application dated 13 March 2013 for permission to make an additional claim against Afras Limited and Mr Radhakrishnan Nanda Kumar (Mr Kumar) (the Application)
AND UPON a Case Management Conference held on 21 March 2013 (the CMC)
AND UPON hearing counsel for the Claimant and Counsel for the Defendant at the CMC
IT IS HEREBY ORDERED THAT:
The Application
1. The Defendant shall have permission under RDC
21.18 to make an additional claim as set out in the Application as contained in the draft Particulars of Claim exhibited to the Third Witness Statement of James Stuart Abbott dated 13 March 2013 (the Additional Claim).
2. The Defendant shall have permission under RDC
9.31 to serve the Additional Claim on Mr Kumar:
a. at the offices of Afras Limited at:
i. PO Box 18028
531 JAFZA Unit No. FE-6, Office W/H
Plot No.S31223 (South Zone)
Jebel Ali Free Zone
Dubai, United Arab Emirates; and
ii. PO Box 263352
Jebel Ali
Dubai, United Arab Emirates;
c. by courier at Mr Kumar's last known residential address, No G6-U2, Plot No 333-2194, Jumeirah 1, Near Al-Wasl Road / Emirates Bank — Iranian Hospital.
3. The Additional Claim will be considered to be served on Mr Kumar on the second
business day following the sending of the Additional Claim to the email address, '
nanda.kumar@afras.ae'.
4. The Additional Claim shall be served on Afras Limited by courier to the addresses referred to in paragraph 2.a above. The Additional Claim shall be considered served on the second business day after the date it was sent by courier.
The Additional Claim
5. The Defendant shall file and serve the Additional Claim by 4pm on 27 March 2013.
6. The Defendant shall list a CMC for a date in June 2013 with a time estimate of one to one and a half hours.
Defendant's Request for Further Information (RFI)
7. The Claimant shall file and serve its response to each of the Requests in the Defendant's RFI dated 7 March 2013 by 4pm on 28 March 2013.
Production of Documents
8. Standard production of documents to be made by each party on or before
18 April 2013. [RDC 2011 Rule
28.6]
9. Parties to file and serve any Request to Produce
1 on or before
25 April 2013. [RDC
28.13]
10. Objections to Requests to Produce (if any) shall be filed and served within 14 days thereafter and in any event not later than 9 May
11. Where objections to any Requests to Produce
2 have been made, the Court will determine those objections and will make any disclosure order within the following 14 days and in any event not later than
23 May 2013. [RDC
28.20]
12. The parties shall comply with the terms of any disclosure order within 14 days thereafter and in any event not later than
6 June 2013. [RDC
28.22]
13. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 14 days from the date of the Request to Produce, and in any event not later than
9 May 2013. [RDC
28.15]
Witness Statements
14. Signed statements of witnesses of fact, and hearsay notices where required by [RDC
29.2 and
29.103 to
29.105 inclusive] to be exchanged 3 weeks following the close of the disclosure stage, and in any event not later than
27 June 2013.
15. Any Witness Statement evidence in reply to be filed and served within 2 weeks thereafter and in any event not later than 11 July 2013.
16. Unless otherwise ordered, Witness Statements are to stand as
evidence in chief of the witness at trial.
Expert Reports
17. The parties shall each have permission to call an expert in the each of the following fields:
a. forensic IT analysis; and
b. trade finance and international banking practice.
18. The Defendant shall file and serve its expert report on 17a. and the Claimant shall file and serve its expert report on 17b. by 4pm on 25 July 2013.
19. The Claimant shall file and serve its expert report on 17a. and the Defendant shall file and serve its expert report on 17b. by 4pm on 22 August 2013.
20. The experts in each field shall meet and produce a joint report setting out the areas of agreement and disagreement between them to be filed and served by 4pm on 5 September 2013.
21. Each expert may produce a supplemental report elaborating on the issues still the subject of disagreement to be filed and served by 4pm 12 September 2013.
Progress Monitoring Date
22. Fixed for 25 July 2013.
23. Parties to send the
Registrar (with copy to all other parties) a Progress Monitoring Information Sheet (at least 3 clear days before progress monitoring date). [RDC
26.60 and
26.61]
24. A Case Progress Monitoring meeting is to be listed not before 26 September 2013
Trial Bundles
25. Agreed trial bundles to be completed in accordance with
Part 35 of the RDC and lodged by not later than 2 weeks before trial. [RDC
35.33]
Reading List
26. A single reading list approved by all parties' legal representatives for trial to be lodged with the
Registry not later than 2 days before fixed trial date, together with an estimate of time required for reading. [RDC
35.50]
Skeleton Argument, Opening Statements and Chronology
27. Skeleton Arguments and Written Opening Statements to be served on all other parties and lodged with the Court — two days before the start of trial for the Claimant and one day before the start of trial for the Defendant. [RDC
35.61]
28. Parties to prepare a Chronology of significant events cross-referenced to significant documents, pleadings and witness statements to be agreed, insofar as possible, and to be filed 1 week before trial. [RDC
35.63]
Trial
29. The trial of this matter is to take place on 20 October 2013 with an estimated duration of 5 days.
30. Costs of the CMC and the Application in the Case.
31. Liberty to apply.
Issued by
Mark Beer
Registrar
Date of Issue: 25 March 2013
At: 2pm
1 The use of Redfern schedules is encouraged
2 The Court may decide that a hearing is/is not necessary in the circumstances
