December 28, 2021 court of first instance - Orders
Claim No. CFI 070/2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
IDBI BANK LIMITED
Claimant
and
(1) MABANI DELMA GENERAL CONTRACTING CO LLC
(2) DELMA ENGINEERING PROJECTS COMPANY LLC
(3) DELMA EMIRATES DIESEL
(4) DELMA EMIRATES GENERAL TRANSPORT
(5) AHMED KHALIL KHALED ALMERAIKHI
(6) SHERIFA AHMED KHALIL KHALED ALMERAIKHI
(7) MARIAM AHMED KHALED ALMERAIKHI
Defendants
JUSTICE SIR PETER GROSS NOTE AND DIRECTIONS TO THE PARTIES
1. This Note contains my provisional views. I have not seen any papers in this matter, other than the Registry’s email of today’s date, attaching a letter from the Claimant’s legal representatives dated 23 December 2021.
2. I agree to the vacation of the Trial Date, currently scheduled for the week of 7 February 2022. Vacation of the Trial Date is, as I understand it, agreed between the parties.
3. I am in favour of using the currently available trial window in the week of 7 February 2022 for the hearing of both the Immediate Judgment application and the Unless Order application (together, the “Combined Applications”).
4. Given the Claimant’s indication that the Combined Applications have an estimated length of 1.5 days, I (provisionally) direct that they be heard on Wednesday 9 February and Thursday 10 February 2022.
5. I direct that the Defendants either (i) confirm their agreement to the fixing of the Combined Applications on 9 February and 10 February 2022; or (ii) indicate their reasons for objecting to the Combined Applications being heard then. If (i), the provisional directions in this Note will be confirmed. If (ii), I will consider and rule upon those objections, if need be, giving the Claimant an opportunity to reply. I direct that the Defendants’ response (indicating their position on the hearing of the Combined Applications on 9 and 10 February 2022) is to be delivered to the Registry by 12pm UAE time on Thursday 30 December 2021. A failure to respond by then will be taken as agreement to the use of the trial window for the hearing of the Combined Applications.
6. I give the following (provisional) directions, on the assumption that the Combined Applications are to be heard on 9 February and 10 February 2022:
(i) A timetable for the Combined Applications’ hearing, agreed between the parties, is to delivered to the Registry by 12pm UAE time on 3 January 2022, for my consideration and approval or amendment.
(ii) The Claimant’s evidence in reply in the Unless Order Application is to be filed by latest 4pm GMT on Tuesday 1 February 2022 (not Thursday 3 February as set out in the Claimant’s 23 December letter).
(iii) The Claimant’s and the Defendants’ E-Bundles, covering the Combined Applications, are to be available on the DIFC Courts’ CMS by 9am GMT on Monday 7 February 2022.
(iv) The E-Bundles for the Combined Applications’ Hearing are to include all Legislation (including any Rules of the DIFC Courts) and Authorities, relied upon by the parties.
(v) The E-Bundles are also to include all previous DIFC Courts’ Orders in these matters.
(vi) Skeleton Arguments dealing with the Combined Applications (i.e., covering both the Immediate Judgment Application and the Unless Order Application) are to delivered to the Registry by 9am GMT on Monday 7 February 2022. The maximum length of each party’s Skeleton Argument is not to exceed 35 pages in total, with min. font size 12 and min. spacing 1.5.
7. In the light of developments between now and then, I will rule finally in the course of Tuesday 4 January 2022 whether the PTR, currently scheduled for Monday 10 January 2022, is to be maintained or vacated.
8. Liberty to apply.
Issued by:
Amna Al Owais
Chief Registrar
Date of issue: 28 December 2021
At: 2pm
