September 27, 2017 court of first instance - Orders,Orders
Claim No: CFI 037/2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE THE DEPUTY CHIEF JUSTICE SIR DAVID STEEL
BETWEEN
ILYAS GAFFAR SABOOWALA
and
(1) SOMAN KUNIYATH KUNJUNNI NAIR
(2) MINI SOMAN THORUVIL VELUTHEDATH
(3) RAG FOODSTUFF TRADING LLC
Defendants
ORDER OF THE DEPUTY CHIEF JUSTICE SIR DAVID STEEL
UPON the Order of Justice Sir Richard Field dated 23 August 2017
AND UPON reviewing the Claimant’s Application No. CFI-037-2017/2 dated 17 August 2017 seeking interim relief to preserve the shares in the Third Defendant and the Claimant's interests in the assets of the Third Defendant
AND UPON reviewing the Defendants’ Application No. CFI-037-2017/3 dated 7 September 2017 seeking an adjournment of the Return Date hearing listed on 10 and 11 September 2017 (the “Return Date Hearing”)
AD UPON hearing Counsel for the Claimant and Counsel for the Defendants at the Return Date Hearing
IT IS HEREBY ORDERED THAT:
1.The Return Date Hearing shall be re-listed to be held at 10am on 8 and 9 October 2017.
2. The Defendants shall pay to the Claimant costs thrown away by the adjournment in the amount of USD 15,000 to be paid within 14 days.
3.The Defendants shall file statements, documentation, a defence and counterclaim by 4pm on 21 September 2017.
4. The Claimant shall file reply material by 4pm on Thursday, 28 September 2017.
5. Skeleton arguments shall be exchanged by 4pm on Tuesday, 3 October 2017 and are to be accompanied by an agreed proposed reading list and an agreed proposed trial timetable. Should the parties be unable to agree, each party will be granted equal time with time for a reply.
6.The Claimant shall add in as an alternative claim the appointment of a receiver into the application notice of 17 August 2017 and produce an amended application notice by no later than 4pm on Sunday, 17 September 2017.
7. The Claimant shall seek leave of court to amend on or after 22 September 2017 if they wish to pursue an immediate judgment application.
8. The Claimant served a request for information on the Defendants but no answer was served. The Defendants or their solicitors shall provide their best assessment of what the documents requested by the Claimant said or where they are, in writing, by no later than 4pm on Sunday, 17 September 2017.
9. If the Defendants have doubts about withdrawal of proceedings, they shall write to the Claimant and ask for a response as to what proceedings are still existent, and shall receive an answer within 7 days.
Issued by:Natasha BakirciAssistant RegistrarDate of issue: 27 September 2017At:3pm
