March 09, 2020 court of first instance - Orders
Claim No. CFI 047/2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
COMMERCIAL BANK DUBAI PSC
and
SHAIKHA RANEYA HAMAD MUBARAK AL KHALIFA
Fourth Defendant
ORDER OF JUDICIAL OFFICER NASSIR AL NASSER
UPON the Court issuing judgment against the First, Second and Third Defendant on 23 January 201
AND UPON the Court issuing a Consent Order dated 15 September 2019 ordering the withdrawal of the Claimant’s claim against the Second Defendant pursuant to a settlement agreement
AND UPON the Claimant applying to the Court for permission to amend its Statement of Claim against the Fourth (and sole remaining) Defendant (the “Application”) dated 27 November 2019
IT IS ORDERED THAT:
1. The Court is to deal with the Claimant’s Application without a hearing pursuant to Rule 23.69 of the DIFC Court Rules.
2. The Claimant be granted permission to amend its Claim Form and Particulars of Claim in the forms of the drafts attached (see Schedule 1 and Schedule 2, respectively).
3. The Claimant shall file its Amended Claim Form and Amended Particulars of Claim with a signed Statement of Truth within 3 working days of the Court’s Sealed Order granting permission (the “Sealed Order”).
4. Service of the Amended Claim Form and Amended Particulars of Claim be dispensed with (and with service being deemed to have taken place on the date on which the Amended Claim Form and Amended Particulars of Claim are filed).
5. The Fourth Defendant be granted permission to file and serve her Defence within 21 days of the date on which the Claimant’s Amended Claim Form and Amended Particulars of Claim are filed.
6. The Claimant be granted permission to file its Reply (if so advised), within 21 days of the date on which the Defence is served in response to the Claimant’s Amended Claim Form and Amended Particulars of Claim.
7. For the avoidance of doubt, until such time as the Fourth Defendant effects service on the Claimant of her Defence in accordance with the provisions of the above paragraphs, the time limits for service of the Claimant’s Reply, as provided for by RDC 16.16 shall not be deemed to have started to run.
8. Costs shall be costs in the case.
Issued by:
Nour Hineidi
Date of issue: 9 March 2020
Time: 11am
