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Claim No: CFI 037/2017

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

ILYAS GAFFAR SABOOWALA

Claimant

and

(1) SOMAN KUNIYATH KUNJUNNI NAIR
(2) MINI SOMAN THORUVIL VELUTHEDRATH
(3) RAG FOODSTUFF TRADING LLC

Defendants

CONSENT ORDER

UPON the Case Management Order of Judicial Officer Nassir Al Nasser dated 5 September 2019 (the “CMC Order”) as varied by consent, most recently on 11 October 2020 (the “Consent Order”)

AND UPON the Defendants’ application dated 1 November 2020 (the “Application”)

AND UPON the parties having been granted permission to rely on expert evidence from a forensic accountant

AND UPON Expert Reports having been filed and served on 24 September 2020 pursuant to paragraph 11 of the CMC Order (as varied)

AND UPON the Claimant having filed and served his Supplemental Expert Report on 28 October 2020 in accordance with paragraph 12 of the CMC Order (as varied)

AND UPON the parties having agreed by consent that paragraphs 10 and 12 of the CMC Order may be varied to permit the Defendants to put in evidence a Supplemental Expert Report from a different expert, provided that Defendants’ Supplemental Expert Report is limited to responding to the Claimant’s Expert Report and Supplemental Expert Report, and that the Claimant is afforded a right to reply (such reply to be limited to the matters raised in the Defendants’ Supplemental Expert Report)

AND UPON the Court being satisfied that it may exercise its powers pursuant to RDC r.31.13 and vary paragraphs 10 and 12 of the CMC Order in accordance with the parties’ agreement

IT IS HEREBY ORDERED BY CONSENT THAT:

1. Paragraphs 10 and 12 of the CMC Order shall be varied to provide that the Defendants have permission to file and serve a Supplemental Expert Report from a second forensic accountant and that the time for filing and serving the Supplemental Expert Report shall be extended until no later than 4pm on 29 November 2020.

2. The Claimant shall, if so advised, file and serve a Reply Expert Report by no later than 4pm on 20 December 2020.

3. In the event that the Claimant files and serves a Reply Expert Report, the issue of the costs of the Claimant’s Reply Expert Report shall be reserved to the trial judge for determination.

4. Costs of the Application are costs in the case.

5. Liberty to apply.

Issued by:
Nour Hineidi
Registrar
Date of issue: 18 November 2020
At: 1.30pm