February 14, 2021 court of first instance - Orders
Claim No: CFI 070/2018
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
IDBI Bank Limited
Claimant/Respondent
and
(1) Mabani Delma General Contracting Co LLC
(2) Heliopolis Electric Company LLC
(3) Mariam Ahmed Khaled Almeraikhi
(4) Delma Engineering Projects Company LLC
(5) Delma Emirates Diesel
(6) Delma Emirates General Transport
(7) Ahmed Khalil Khaled Almeraikhi
(8) Sherifa Ahmed Khalil Khaled Almeraikhi
Defendants/Applicant
AGREED CASE MANAGEMENT ORDER
UPON reviewing the Court file
AND UPON the agreement of the Claimant and the Defendants to the following case management directions and procedural timetable
AND UPON reviewing the Rules of the DIFC Courts (“RDC”)
IT IS HEREBY ORDERED THAT:
Acknowledgment of Service (RDC Part 11) and Pleadings (RDC Parts 16 and 17)
1. Further to the Order dated 12 November 2020 setting aside the Default Judgment herein, the Defendants shall file their Acknowledgment of Service by 14 February 2021.
2. The Claimant shall file its Particulars of Claim by 11 March 2021.
3. The Defendants shall file their Defence by 8 April 2021.
4. The Claimant shall file its Reply to Defence (if any) by 22 April 2021.
Production of Documents (RDC Part 28)
5. Standard production of documents shall be made by each party by 4pm on 6 May April 2021.
6. If required, the parties may file and serve a Request to Produce, if any, by 4pm on 20 May 2021.
7. Objections to Requests to Produce, if any, shall be filed and served within 14 days thereafter and in any event by 4pm on 3 June 2021.
8. Where objections to any Requests to Produce have been made, the Court shall determine those objections and shall make any disclosure order within the following 14 days and in any event by 17 June 2021.
9. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 14 days thereafter and in any event by 4pm on 1 July 2021.
10. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 21 days after from the date of the Request to Produce, and in any event by 4pm on 27 May 2021.
Witness Statements (RDC Part 29)
11. Signed statements of witnesses of fact, and hearsay notices where required, shall be served following the close of the disclosure stage, and in any event by 4pm on 1 July 2021.
12. Supplementary statements of witnesses of fact shall be served within 3 weeks thereafter and in any event by 4pm on 21 July 2021.
13. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
14. The Claimant and the Defendant are hereby granted permission to rely on expert evidence from one appropriate handwriting expert each as to the forgery issues in the case falling within their expertise.
15. Expert Reports, if any, shall be filed and served by 4pm on 12 August 2021.
16. Supplemental Expert Reports, if any, shall be filed and served by 4pm on 2 September 2021.
17. The Court shall consider what directions to give concerning a meeting and discussion between experts at the next case management conference.
Case Management and Pre-trial Review
18. A further case management conference shall be held, if the parties so required, at 11am on 26 September 2021. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before same. Time Allowed [2 hours].
19. The pre-trial review shall be held at 11 am on 26 September 2021. Time allowed [90 minutes].
Trial Bundles (RDC Part 35)
15. Agreed trial bundles shall be filed and served no later than 2 weeks before trial.
Reading List and Trial Timetable (RDC Part 35)
16. 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.
Skeleton Argument and Chronology (RDC Part 35)
17. Skeleton Arguments shall be filed and exchanged 4 clear days before the start of trial.
18. 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 11 October 2021. 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)
19. The trial of this matter shall be listed at 11am on Monday 18 October 2021 with an estimated duration of 3 to 5 days.
20. Costs of the Case Management Conference shall be costs in the case.
21. The parties shall have liberty to apply.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 14 February 2021
Time: 3.30pm
