April 18, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 062/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) SANJEEV SAWHNEY
(2) ALKA SAWHNEY
Claimants
and
CREDIT SUISSE AG
Defendant
CONSENT ORDER
UPON the Particulars of Claim dated 29 August 2021 (the “PoC”)
AND UPON the Defendant’s Application No. CFI-062-2021/1 dated 3 February 2022 for Strike Out / Immediate Judgment (the “First IJ Application”)
AND UPON the Claimants filing and serving their draft amended PoC on 31 March 2022, pursuant to paragraph 3 of the Order of Deputy Registrar Ayesha Bin Kalban dated 4 March 2022 (as subsequently varied)
AND UPON the Claimants’ Application No. CFI-062-2021/3 dated 24 May 2022 seeking permission to amend its PoC in the form filed and served on 31 March 2022 (the “Amendment Application”)
AND UPON the Defendant’s Application No. CFI-062-2021/4 dated 16 September 2022 for Strike Out / Immediate Judgment (the “Second IJ Application”)
AND UPON the First IJ Application, the Amendment Application and the Second IJ Application being heard at a hearing on 27 and 28 September 2022
AND UPON the Order with Reasons of H.E Deputy Chief Justice Ali Al Madhani, issued on 23 February 2023 (the “Order” and/or the “Reasons”) determining the First IJ Application, the Amendment Application and the Second IJ Application
AND UPON the DIFC Courts’ Registry’s email dated 23 February 2023, timed at 14:46 as varied on 20 March 2023, requesting that the parties agree a procedural timeline for the progression of the case by 4pm on 13 April 2023
AND UPON the provisions of paragraph 5 of the Order, and paragraph 128 of the Reasons, pursuant to which the Claimants have been granted leave to amend their PoC subject to the conditions set out in the Order and the accompanying Reasons
AND UPON the Defendant having been provided with a draft revised amended PoC (the “Revised Draft APOC”), and further to the parties’ discussions and agreement, confirming that the said draft accords with the directions and provisions of paragraph 5 of the Order and paragraph 128 of the Reasons
AND UPON the parties noting (a) the provisions of the Schedule to RDC Part 2, which defines a statement of case as including any formal written further information (“RFI”) given in relation to a statement of case, whether given voluntarily or by court order; and (b) that three RFIs were made prior to the First IJ Application, the Amendment Application and the Second IJ Application, the parties have agreed, without the need for further order from the Court that:
(a) The Defendant’s First RFI dated 23 September 2021, and the Claimants’ response dated 30 September 2021 shall no longer form part of the Claimants’ statement of case.
(b) The Claimants’ First RFI dated 27 October 2021, and the Defendant’s response dated 2 November 2021 shall no longer form part of the Defendant’s statement of case.
(c) The Defendant’s Second RFI dated 28 December 2021, shall be deemed withdrawn, and the Claimants shall not be required to provide a response to the same.
AND UPON the parties having agreed to the below directions by consent
IT IS HEREBY ORDERED BY CONSENT THAT:
1. Pursuant to RDC Part 18.2 and the Order, the Claimants have leave to file and serve their Amended Particulars of Claim in the form of the Revised Draft APOC (subject to the further changes that have been agreed between the parties in correspondence) by no later than 4pm on 20 April 2023.
2. The Defendant shall file and serve its Amended Defence by no later than 4pm on 8 June 2023.
3. The Claimants shall file and serve their Amended Reply, if so advised, by no later than 4pm on 20 July 2023.
4. Pursuant to RDC Part 18.25, none of the amended statements of case as referred to in paragraphs 1 to 3 above need to show the original text.
5. Save in relation to those costs dealt with in the Order and Reasons (which shall be dealt with as directed therein), the costs of this Order shall be costs in the case.
6. The parties shall have liberty to apply.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 18 April 2023
At: 2pm