February 28, 2021 court of first instance - Orders
Claim No. CFI 070/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
RIM KHIAT
Claimant
and
(1) AL KHAIR CAPITAL DUBAI
(2) AL KHAIR CAPITAL SAUDI ARABIA
(3) KHALID AL MULHIM
Defendants
ORDER OF THE REGISTRAR NOUR HINEIDI
UPON the order with Reasons of SCT Judge and Deputy Registrar Ayesha Bin Kalban of 11 March 2020 transferring the claim with claim number SCT-553-2019 between the Claimant and the First Defendant to the Court of First Instance under rule 53.37 of the Rules of the DIFC Courts (the “RDC”)
AND UPON the issue of the claim form in this action (CFI-070-2020) (the “Claim Form”)
AND UPON the First Defendant filing its Acknowledgment of Service on 18 January 2021
IT IS HERBY ORDERED THAT:
1. Given that CFI-070-2020 is filed as a fresh claim (and is not administratively a “transfer” or “reallocation” from the Small Claims Tribunal pursuant to RDC 53.37), the Claim Form in CFI-070-2020 stands.
2. It does, however, appear that the First and Second Defendants are the same legal person. On this basis, and pursuant to RDC 20.8 the Claim Form is to be amended so that reference to the Second Defendant as “Al Khair Capital Dubai” is deleted. The new Second Defendant is Al Khair Capital Saudi Arabia, and the new Third Defenfant is Khalid Al Mulhim (as shown in this Order). The First Defendant remains as “Al Khair Capital Dubai”.
3. The Claim Form does not appear to be served on the Second and Third Defendants (the “Remaining Defendants”). On this basis, the Claimant is to either serve the Remaining Defendants by 4pm on 3 March 2021 and file a certificate of service promptly thereafter, or otherwise, let the Court know by email before 4pm on 3 March 2021 why the Claimant does not intend on serving the Remaining Defendants by this date (with reference to RDC 7.20).
4. The Claim Form, as amended, pursuant to paragraph 2 of this Order shall be refiled by the Claimant by 4pm on 1 March 2021.
5. Notwithstanding these amendments, the date of issue of the Claim Form shall remain 8 September 2020 and the First Defendant’s Acknowledgment of Service filed on 18 January 2021 shall stand.
6. The Claimant shall file and serve her Particulars of Claim on the First Defendant by 4pm on Sunday, 7 March 2021 and on the Remaining Defendants (in the event they are served by 4pm on 3 March 2021), within 28 days from the date the Remaining Defendants file their respective Acknowledgments of Service, pursuant to RDC 7.31(2).
7. The First Defendant shall file and serve its Defence with 28 days of service of the Particulars of Claim.
8. The case shall remain private until the Remaining Defendants have been served with the Claim Form. In the event any of the parties wish to keep the case private, after service of the Claim Form on the Remaining Defendants, that party must file an application requesting that the case be kept private.
9. Any costs incurred by the parties for the purposes of these directions are costs in the case.
Issued by:
Nour Hineidi
Registrar
Date of issue: 28 February 2021
At: 1pm
