May 11, 2020 court of first instance - Orders
Claim No. CFI 069/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
STATE BANK OF INDIA (DIFC BRANCH)
and
(1) MOULDS PERTOCHEM FZE
(2) MOULDS & METALS FZE
(3) VIWASVAT KUMAR SHASTRI
Defendants
CASE MANAGEMENT ORDER OF JUDICIAL OFFICER NASSIR AL NASSER
UPON reviewing the Court file
AND UPON reading the Case Management Bundle
AND UPON reviewing the Rules of the DIFC Courts (“RDC”)
AND UPON hearing Counsel for the Claimant and Counsel for the Third Defendant at the Case Management Conference held before Judicial Officer Nassir Al Nasser on 6 May 2020.
IT IS HEREBY ORDERED BY CONSENT THAT:
Agreed List of Issues
1. Adjacent to each paragraph of the skeleton argument shall be inserted the issue or issues to which that paragraph relates as numbered in the Agreed List of Issues, in order for the Court to understand to which of the agreed issues that paragraph relates.
2. The issue to be resolved is the liability of the Third Defendant in particular:
Issue 1 - whether the Claimant must take legal action against the Borrower prior to taking legal action against the Guarantors?
Issue 2 – whether the Claimant is required to file the claim within the time frame under Article 1092 of the UAE Civil Code?
Issue 3:
Issues not agreed but put forward by the Third Defendant:
3. In reference to Issue 1: whether Article 1082 of UAE civil code is applicable as per the allegation of the third defendant in their statement of defense
Production of Documents (RDC Part 28)
4. Standard production of documents to be made by each party by 4pm on Monday 11 May 2020 [RDC 2011 Rule 28.6].
5. The Parties to file and serve any Requests To Produce (“RTP”) by 4pm on Monday 25 May 2020 [RDC 28.13]
6. Objections to RTP (if any) shall be filed and served by the Parties by 4pm on Monday 1 June 2020 [RDC 28.16].
7. Where there are no objections to a particular Request contained in a RTP, the Parties are to produce documents in response to that request by 4pm on Monday 15 June 2020 [RDC 28.15].
8. Where objections to any RTPs have been made, the Court will determine those objections and will make a disclosure order by 4pm on Monday 22 June 2020 [RDC 28.20].
9. The Parties shall comply with the terms of any disclosure order by 4pm on Tuesday 7 July 2020 [RDC 28.22]
Pre-Trial Review (RDC Part 26)
10. A pre-trial review shall be listed on Wednesday 19 July 2020, or such other date convenient to the Court within the range of 4 to 8 weeks before trial (as required by the RDC).
Trial Bundles (RDC Part 35)
11. Agreed trial bundles shall be filed and served no later than 2 weeks before trial and by 4pm on Sunday 9 August 2020.
Reading List and Trial Timetable (RDC Part 35)
12. An agreed reading list for trial along with an estimate of time required for reading and an estimated timetable for trial shall be filed with the Court by the Claimant no later than two clear days before trial and by 4pm on Tuesday 18 August 2020.
Skeleton Argument and Chronology (RDC Part 35)
13. Skeleton Arguments shall be simultaneously exchanged by both Parties and filed by 4pm on Tuesday 18 August 2020.
14. The parties shall prepare an agreed Chronology of significant events cross-referenced to significant documents, pleadings and witness statements which shall be filed with the Court by the Claimant by 4pm on Sunday 16 August 2020. In the event that there are areas of disagreement, the Chronology shall include an agreed Chronology and a Chronology of events which are disputed, with the parties’ respective positions outlined therein.
Trial (RDC Part 35)
15. The trial of this matter is to take place anytime after Sunday, 23 August 2020, on a date convenient to the Court, with an estimated duration of one day.
16. Costs of the Case Management Conference shall be costs in the case.
17. The parties shall have liberty to apply.
Issued by:
Nour Hineidi
Date of Issue: 11 May 2020
At: 3pm
