March 12, 2019 court of first instance - Orders
Claim No: CFI-053-2017
THE DUBAI INTERNATIONAL FINANCIAL CENTER COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
JK IMAGING EUROPE LIMITED
Claimant/Respondent
and
JEETEK DISTRIBUTION DMCC
Defendant/ Appellant
ORDER WITH REASONS OF H.E. JUSTICE OMAR AL MUHAIRI
UPON reviewing the Defendant/Appellant’s Application dated 17 February 2019 (the “Appeal Application”) seeking permission to appeal the Judgment of H.E Justice Omar Al Muhairi’s Judgment dated 30 December 2018
IT IS HEREBY ORDERED THAT:
1.The Appellant’s Application for permission to appeal dated 17 February 2019 is denied.
2. There be no order as to costs.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of issue: 12 March 2019
At: 1pm
SCHEDULE OF REASONS
1.The Appellant’s application for permission to appeal was filed on 17 February 2019 and falls outside of the 21-day period set out in the Rules of the DIFC Courts (the “RDC”). I therefore find that the Application is out of time, pursuant to RDC 44.10.
2. The Appellant’s application for permission to appeal also did not comply with RDC 44.13, insofar as it did not include an application for an extension of time and a statement of the reason for the delay and the steps taken prior to the application being made.
3. For the above reasons, I am of the view that Application for permission to appeal is to be refused by the Courts.
