December 27, 2021 court of first instance - Orders
Claim No. CFI 025/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
UNION BANK OF INDIA (DIFC BRANCH)
Claimant
and
(1) VELOCITY INDUSTRIES LLC
(2) VELOCITY VENTURE LTD.
(3) UMAKU TRADE INVEST LIMITED
(4) VJEY KAPOOR
(5) RAVI KUCHIMANKI
(6) RAJINDER MAKHIJANI
(7) PARAG GUPTA
(8) DEVIKA SWATI
Defendants
ORDER OF JUSTICE LORD ANGUS GLENNIE
UPON the Consent Order and the Agreed Case Management Order dated 31 August 2021 (“CMC Order”) setting out the agreed timetable of directions concerning these proceedings
AND UPON reviewing the Second Defendant (“D2”) and Fifth Defendant (“D5”) Statement of Defence and Additional Claim dated 2 September 2021 (“SODAC”)
AND UPON reviewing the Fourth Defendant’s (“D4”) First Witness Statement dated 9 September 2021 and the Application No. CFI-025-2020/8 dated 12 September 2021 (“Application”) to strike off the Statement of Defence and Additional Claim raised by D2 and D5
AND UPON reviewing D2 and D5’s First Witness Statement dated 23 September 2021 seeking the dismissal of D4’s Application and to allow submission of Exhibit 5 (the ‘Expert Report”) of the SODAC
AND UPON reviewing the Order of Justice Lord Angus Glennie dated 14 October 2021
AND UPON reviewing D4’s Response to the Statement of Defence and Additional Claim filed on 31 October 2021(“Response to SODAC”)
AND UPON reviewing the Application No. CFI-025-2020/10 and Second Witness Statement of D5 for self and representing D2 dated 14 November 2021
AND UPON reading the relevant materials in the case file
IT IS HEREBY ORDERED THAT:
1. The Expert Report submitted by D2 and D5 is admitted as evidence.
2. It is a condition of paragraph 1 of the Order (i.e. that the Expert Report be admitted as evidence) that D2 and D5 shall within 14 days of the date of this Order file with the Court a statement or further report from their expert setting out:
(a) the name of the expert;
(b) his/her relevant qualifications; and
(c) so far as they are not already set out in the Expert Report, giving the details and making a statement of truth all as required by RDC Rules 31.55 and 31.56.
3. D4 shall have permission to call an expert witness in relation to the same matters as are dealt with by the expert for D2 and D5 provided that a report setting out such expert evidence:
(a) stating his/her name and relevant qualifications; and
(b) complying with the requirements of RDC Rules 31.55 and 31.56,
is filed with the Court within 28 days from the date of this Order.
4. D2 and D5 are granted permission to submit a request to produce to D4 with respect to the documents referred to in the Response to SODAC within 7 business days of this Order.
5. D2 and D5 are granted permission to file and serve a reply to the Response to SODAC within 15 business days of this Order.
6. The CMC Order is accordingly amended to include and reflect the above orders and timeline.
Issued by:
Amna Al Owais
Chief Registrar
Date of issue: 27 December 2021
At: 9am
