April 25, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 097/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
CHINA CONSTRUCTION EIGHTH ENGINEERING DIVISION CORP. LTD (DUBAI BRANCH)
Claimant
and
ORIENTAL PEARLS REAL ESTATE DEVELOPMENT LLC
Defendant
ORDER OF JUDICIAL OFFICER MAITHA ALSHEHHI
UPON reviewing the Claimant's Application No. CFI-097-2022/2 dated 24 April 2023 seeking an order for an extension of time until 27 May 2023 to serve the claim form upon the Defendant and an order permitting service of the claim form, statement of case, witness statements of Nicholas Oury dated 5 April 2023 and 18 April 2023, the accompanying exhibits and the Order of Judicial Officer Maitha AlShehhi dated 7 April 2023 (the “Documents”) upon the Defendant by way of an alternative method (the "Application")
AND UPON reviewing the witness statement of Nicholas Oury dated 18 April 2023 and its accompanying exhibit filed in support of the Application stating the steps that have been taken to attempt service of the claim form upon the Defendant
AND PURSUANT to Rules 7.21, 7.23, 7.24, 7.25, 9.31, 9.32, 9.33, 9.36 and 23.94 of the Rules of the DIFC Courts (“RDC”)
IT IS HEREBY ORDERED THAT:
1. The Application is granted.
2. The timeframe for service of the claim form dated 28 December 2022 upon the Defendant shall be extended to 27 May 2023.
3. The Claimant is permitted to serve the Documents by either of the following methods:
(a) fax to +971 4 225 6588; and/or
(b) leaving the Documents at the last known place of business of the Defendant, being 114th Floor, Corporate Suites, Burj Khalifa, Dubai, United Arab Emirates.
4. The Documents will be deemed served on the same day that the Documents are sent to either specified address in paragraph 3 and following receipt of the delivery receipts by the Court.
5. The Claimant shall effect service as soon as practicable after receipt of this Order and serve upon the Defendant:
(a) the claim form and its accompanying documents;
(b) the Order of Judicial Officer Maitha AlShehhi dated 7 April 2023;
(c) the Application and its supporting documents; and
(d) this Order.
6. Pursuant to RDC 23.94, the Defendant may file an application to vary or set aside this Order within 7 days of the date of service of the Documents.
7. The Defendant shall pay the Claimant’s costs of and occasioned by the Application to be assessed by a Registrar, if not agreed.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 25 April 2023
At: 2pm