December 08, 2020 court of first instance - Orders
Claim No. CFI 051/2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MONTAL
Claimant/Respondent
and
MINALI
Defendant/Appellant
ORDER OF THE REGISTRAR NOUR HINEIDI
UPON the filing of the Defendant’s Appellant’s Notice on 25 October 2020 and payment by the Defendant of the filing fee
AND UPON the Registrar’s finding on 9 November 2020 that the Appellant’s Notice was filed out of time under Rule 44.10(2) of the Rules of the DIFC Courts and the Registrar’s invitation for the filing of an application for a retrospective extension of time
AND UPON the application of the Defendant on 11 November 2020 and the filing of subsequent evidence by both the Defendant and Claimant (the “Application”)
AND UPON the Registrar’s powers under the Rules of the DIFC Courts (“RDC”) and in particular under RDC 4.2(1) and/or 44.13
IT IS HEREBY ORDERED THAT:
1. The Application is granted.
2. Pursuant to RDC 4.2(1) and RDC 44.13, the time for the filing of the Appellant’s Notice shall be retrospectively extended to 4pm on 27 October 2020.
3. On this basis, the Appellant’s Notice may be registered as a valid notice for permission to appeal and shall bear the case reference CA-013-2020.
4. Time for the purposes of RDC 44.14(2)(a) shall begin on the date of this order.
5. All other time periods shall be in accordance with Part 44 RDC.
6. The Defendant shall pay the Claimant’s costs of the Application to be immediately assessed upon the Claimant’s filing of its Statement of Costs due by 4pm on Monday, 14 December 2020.
7. Reasons may be provided at the request of a party.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 8 December 2020
At: 10am
