February 28, 2021 court of first instance - Orders
Claim No: CFI 054/2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
In the name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Ruler of Dubai
IN THE COURT OF FIRST INSTANCE
BETWEEN
SBM BANK (MAURITIUS) LTD
Claimant
and
(1) RENISH PETROCHEM FZE
(2) MR HITESHKUMAR CHINUBHAI MEHTA
(3) PRIME ENERGY FZE
Defendants
CASE MANAGEMENT ORDER OF H.E. JUSTICE ALI Al MADHANI
UPON reviewing the Court file
AND UPON reading the Case Management Conference (“CMC”) Bundle
AND UPON the Court having granted to the Claimant immediate judgment against the First and Second Defendants by Order of HE Justice Al Madhani of 27 September 2021
AND UPON reviewing the Rules of the DIFC Courts ("RDC")
AND UPON the Claimant and Third Respondents agreeing the following directions
AND UPON hearing counsel for all Parties at the CMC held on 11 February 2021
IT IS ORDERED THAT:
First and Second Defendants
1. The First and Second Defendants shall, by 4pm on 25 February 2021, if so advised, file and serve any application either may wish to make to set aside the Judgment of H.E Justice Ali Al Madhani made and sealed by the Court on 27 September 2020 in giving immediate judgment against them, to include a signed Defence to the claim. In default of so doing, they shall be debarred from filing any such application in this Court.
2. In the event that the First and Second Defendants file and serve any such application in compliance with paragraph 1 of this Order:
a. The Claimant shall file and serve any evidence in response thereto by 18 March 2021.
b. The First and Second Defendants shall file and serve any evidence in reply by 1 April 2021.
c. The application shall be listed by the DIFC Courts’ Registry to be heard as soon as practicable, with a time estimate of 1 day.
Claimant's Request for Information from the Third Defendant
3. The Third Defendant shall respond to the Claimant's Request for Information dated 28 January 2021 by 4 March 2021.
Expert Evidence
4. The parties have permission to appoint experts in the field of forensic accountancy on the accounting review and analysis of the transactions, including with third parties, and payments between 1 January 2018 and 1 August 2018 relevant to the account between the First Defendant and the Third Defendant, by reference to the Third Defendant's disclosure and the second witness statement of Mr Sadr.
5. Expert report, pursuant to RDC 31, are to be filed and exchanged by 29 April 2021.
6. The experts, shall, by 27 May 2021
a. hold a discussion for the purposes of:
i. identifying and narrowing the issues, if any, remaining between them; and
ii. where possible, reaching agreement on those issues; and
b. prepare and file a statement for the Court showing:
i. those issues on which they are agreed; and
ii. those issues on which they disagree and a summary of their reasons for disagreeing.
7. Expert reports in response, if any, to be exchanged and filed by 24 June 2021.
Progress Monitoring Date
8. Fixed for 6 September 2021.
9. Parties to send the Registrar (with copy to all other parties) a Progress Monitoring Information Sheet (at least 3 clear days before progress monitoring date) in accordance with RDC 26.57 and RDC 26.58.
Trial eBundles
10. Agreed trial eBundles (using CaseLines) to be completed in accordance with RDC 35 and lodged by 4pm on 19 September 2021.
Reading List
11. A single reading list approved by all parties’ legal representatives for trial to be lodged with the Registry by 4pm on 27 September 2021, together with an estimate of time required for reading in accordance with RDC 35.51A.
Skeleton Argument, Opening Statements and Chronology
12. Skeleton Arguments and Written Opening Statements shall be filed and served on all other parties by 4pm on 27 September 2021.
13. The Parties shall prepare a Chronology of significant events cross-referenced to significant documents, pleadings and witness statements to be agreed, insofar as possible, and to be filed by 4pm on 27 September 2021.
Trial
14. The trial of this matter is, subject to the availability of the Court, listed to take place on 3 October 2021 with an estimated duration of 7 days, with 12-14 October 2021 to be held in reserve, with the time estimate to be reviewed at the Progress Monitoring Date if not before.
15. Costs of the Case Management Conference are costs in the case.
16. Liberty to apply.
Issued by:
Nour Hineidi
Registrar
Date of issue: 28 February 2021
Time: 1.30pm
