August 23, 2021 court of first instance - Orders
Claim No: CFI 059/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
SOL INTERNATIONAL PROPERTIES LIMITED
Claimant
and
BURGER AND LOBSTER RESTAURANT (DUBAI) LLC (IN LIQUIDATION)
Defendant
ORDER OF THE REGISTRAR NOUR HINEIDI
UPON the Order of Justice Sir Jeremy Cooke dated 4 August 2020, (the “DIFC Court Order”) containing, inter alia¸ an order for the Company to be placed into liquidation, and appointing Chirag Gupta of RNC Auditors as Liquidator,
UPON the issuing by the Claimant of a Part 8 Claim Form dated 13 June 2021 which requested that the DIFC exercise a Statutory and Contractual Lien in respect of assets left in the premises of the Landlord by the former tenant, now in liquidation (the “Claim”)
AND UPON the filing of the Defendant’s acknowledgement of service and objection to the Part 8 procedure filed on 27 June 2021
AND UPON the Claimant’s email request, made on 11 July 2021 for a directions hearing
AND UPON the directions hearing before the Registrar Nour Hineidi on 4 August 2021 (the “Hearing”)
IT IS HEREBY ORDERED THAT:
1. The Claim is transferred to a Part 7 claim and shall be progressed through the procedure applicable to Part 7 claims pursuant to the DIFC Court Rules (“RDC”).
2. The evidence already filed with the Court in respect of this Claim shall be treated as disclosed and available to both parties during these proceedings unless otherwise ordered by the Court.
3. The proceedings shall be stayed pursuant to RDC r. 4.2(6) for a period of one month from the date of this Order, until 4pm on 23 September 2021 (“Stay Period”).
4. Before the conclusion of the Stay Period:
(a) The liquidator of the Defendant company, Chirag Gupta of RNC Auditors, shall produce a brief report containing information as to the status of the liquidation and in particular indicating whether or not he has accepted the Claim, or any part thereof, filed as a proof of debt by the Claimant.
(b) The parties are strongly encouraged to engage in settlement discussions or otherwise mediate, in an effort to amicably resolve the dispute subject of the Claim.
5. In the event the Claim does not settle, the parties have the Court’s permission to amend their pleadings, as follows:
(a) the Claimant shall file and serve its amended Claim Form and Particulars of Claim by 4pm on Sunday, 26 September 2021;
(b) the Defendant shall file and serve its amended Defence by 4pm on Sunday, 17 October 2021; and
(c) all further procedural deadlines falling due shall progress under the usual Part 7 procedure.
6. Costs arising out of or in connection with the Hearing and /or these directions, are costs in the case.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 23 August 2021
Time: 1:45pm
