June 22, 2021 court of first instance - Orders
Claim No. CFI 054/2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
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
CONSENT ORDER
UPON the Judgment of Justice Lord Angus Glennie of 31 May 2021 setting aside the Immediate Judgment of 27 September 2020
AND UPON the Court finding that the First and Second Defendants are jointly and severally liable for USD 31,245,932.94 (as of 9 September 2020), with interest continuing to accrue from that date
AND UPON the First and Second Defendants being entitled to defend the remaining claims against them and participate in the trial listed for 3 October 2021
AND UPON the parties having agreed the terms of the following order
IT IS ORDERED BY CONSENT THAT:
Production of Documents
1. By 4pm on 1 July 2021 the First and Second Defendants must give to the Claimant and the Third Defendant standard disclosure of documents by list and category, together with copies of the documents, by reference to the List of Issues dated 2 September 2020 (including any documents on which (i) it relies; (ii) that adversely affect its or another party's case, or support another party's case; and (iii) that it is required to disclose by a relevant practice direction).
2. By 4pm on 1 July 2021 the Claimant and the Third Defendant must give the First and Second Defendants a copy of their standard disclosure of documents by list and category, together with copies of the documents, as exchanged in accordance with the Order dated 21 October 2020 as amended by order dated 25 November 2020.
3. In the event that the parties object to produce any documents, the parties shall file and serve a Request to Produce, if any, within 14 days and by 4pm on 15 July 2021.
4. If the parties object to produce any documents, the Court will determine those objections and will make any disclosure order within the following 14 days.
5. The parties shall comply with the terms of any disclosure order within 14 days thereafter unless otherwise ordered.
Witness Statements
6. The parties shall serve any further witness statements on which they intend to rely, and hearsay notices where required by RDC 29 by 4pm on 3 August 2021. The parties shall be entitled to serve witness statement evidence in reply, if any, by 4pm on 24 August 2021.
7. Unless otherwise ordered, Witness Statements are to stand as evidence in chief of the witness at trial.
Remaining directions to trial
8. The directions at paragraphs 8 to 16 of the order dated 28 February 2021 will continue to apply to the parties.
Issued by:
Nour Hineidi
Registrar
Date of issue: 22 June 2021
At: 3pm
