DIFC Courts

CFI 037/2017 Ilyas Gaffar Saboowala v (1) Soman Kuniyat Kunjunni Nair (2) Mini Soman Thoruvil Veluthedath (3) RAG Foodstuff Trading LLC

September 10, 2019 court of first instance - Orders

      Claim No: CFI-037-2017

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN:

ILYAS GAFFAR SABOOWALA

 Claimant

and

SOMAN KUNIYATH KUNJUNNI NAIR

MINI SOMAN THORUVIL VELUTHEDRATH

RAG FOODSTUFF TRADING LLC

 

Defendants

CASE MANAGEMENT CONFERENCE ORDER OF JUDICIAL OFFICER NASSIR AL NASSER

 

UPON reviewing the Court file

AND UPON reviewing the Rules of the DIFC Courts (“RDC”)

IT IS HEREBY ORDERED THAT:

Production of Documents (RDC Part 28)

  1. Standard production of documents shall be made by each party by no later than 4pm on Thursday, 31 October 2019.

  2. The parties shall file and serve Requests to Produce in the form of Redfern schedules, if any, by no later than 4pm on Thursday, 21 November 2019.

  3. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced no later than 4pm on Thursday, 19 December 2019.

  4. Objections to Requests to Produce, if any, shall be filed and served within 14 days thereafter and in any event by no later than 4pm on Thursday, 2 January 2020.

  5. Where objections to any Requests to Produce have been made, the Court shall determine those objections and shall make any disclosure order within the following 14 days and in any event by no later than Thursday, 16 January 2020.

  6. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 21 days thereafter and in any event by no later than 4pm on Thursday, 6 February 2020.

Witness Statements (RDC Part 29)

  1. Signed statements of witnesses of fact, and hearsay notices where required, shall be exchanged following the close of the disclosure stage, and in any event by no later than 4pm on Thursday, 27 February 2020.

  2. Any Witness Statement in reply shall be exchanged within 3 weeks thereafter and in any event by no later than 4pm on Thursday, 19 March 2020.

  3. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.

Expert Reports (RDC Part 31)

  1. The parties are granted permission to rely on expert evidence from a forensic accountant.

  2. Expert Reports shall be filed and served by no later than 4pm on Thursday, 2 April 2020.

  3. Supplemental Expert Reports shall be filed and served by no later than 4pm on Thursday, 23 April 2020.

  4. The DIFC Courts shall, at the Pre-Trial Review, consider what directions to give concerning a meeting and discussion between experts.

Pre-Trial Review (RDC Part 26)

  1. A pre-trial review shall be listed at a date most convenient to the Court in the month of May 2020, being within the normal range of 4 to 8 weeks before trial.

Trial Bundles (RDC Part 35)

  1. Agreed trial bundles shall be filed and served no later than 2 weeks before trial.

Reading List and Trial Timetable (RDC Part 35)

  1. An agreed reading list for trial along with an estimate of time required for reading and an estimated timetable for trial shall be filed with the Court by the Claimant no later than two clear days before trial.

Skeleton Argument and Chronology (RDC Part 35)

  1. Skeleton Arguments shall be lodged and exchanged two clear days before the start of trial.

Trial (RDC Part 35)

  1. The trial of this matter shall be listed at a date most convenient to the Court in the month of June 2020 with an estimated duration of 4 days.

  2. Costs of the Case Management Conference shall be costs in the case.

  3. The parties shall have liberty to apply.

 

 

 

Issued by:

Amna Al Owais

Registrar

Date of Issue: 5 September 2019

At: 11am