June 25, 2024 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 089/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
JEFFREY STONE
Claimant
and
(1) ABHI FINTECH LIMITED
(2) ABHI LIMITED
Defendants
CONSENT ORDER
UPON the Defendant’s Application No. CFI-089-2023/1 dated 4 January 2024 contesting the DIFC Courts’ jurisdiction and to strike out the Claim (the “Jurisdiction and Strike Out Application”)
AND UPON the Claimant’s evidence in answer to the Application dated 1 March 2024
AND UPON the Claimant’s Application No. CFI-089-2023/2 dated 12 March 2024 seeking an order that Abhi Limited join the proceedings (the “Joinder Application”)
AND UPON the Defendant’s Application No. CFI-089-2023/3 dated 1 April 2024 seeking an extension of time and to request for further information (the “EOT Application”)
AND UPON the parties having reached a confidential and without prejudice agreement as evidenced in an email exchange (on 23 June 2024, with the last email from the Claimant’s legal representatives to the Defendant’s legal representatives sent at 6:19 p.m.) between the parties’ legal representatives, which the parties agree shall be legally binding and enforceable
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The Jurisdiction Application, Joinder Application and the EOT Application listed for a full day hearing on 27 June 2024 is vacated.
2. Abhi Fintech will withdraw its Jurisdiction and Strike Out application.
3. Abhi Limited will be joined to the proceedings (the “Joinder Application”).
4. The Claimant shall file the Amended Particulars of Claim (currently dated 1 March 2024) within 14 days of the Consent Order.
5. The Claimant shall file a response to the First Preliminary Request for Further Information served by Abhi Fintech on 15 March 2024 (the “RFI”) within 14 days of the date of the Consent Order (the “RFI Application”). The Claimant may respond to the RFI in the Amended Particulars of Claim, as long as the response complies with the Rules of the DIFC Courts (the “RDC”) specifically, RDC 19.15 and 19.18.
6. Abhi Limited and Abhi Fintech Limited shall file their Defence and Counterclaim (if any) within 28 days of being served the Amended Particulars of Claim.
7. The Claimant shall file its Reply (if so advised) and Defence to Counterclaim in accordance with RDC 16.16.
8. The costs of the Jurisdiction and Strike Out Application shall be costs reserved.
9. The costs of the Joinder Application and RFI Application shall be costs in the case.
10. Parties shall have liberty to apply.
Issued by:
Delvin Sumo
Assistant Registrar
Date of Issue: 25 June 2024
At: 2pm
