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CFI 007/2009 – Order

CFI 007/2009 – Order

June 15, 2009

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Claim No: 007/2009

THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE

IN THE COURT OF FIRST INSTANCE OF DIFC COURTS

Between

MR IBRAHIM SAAD Claimant
– and –

RASMALA INVESTMENTS LIMITEDDefendant

ORDER OF CHIEF JUSTICE SIR ANTHONY EVANS
MADE ON 15 JUNE 2009

UPON hearing counsel for the Claimant and Defendant at the Case Management Conference on 15 June 2009;

IT IS ORDERED that:

1. The parties disclose documents by standard production by 13 July 2009.

 

2. The Defendant provide the following specific disclosure by 13 July 2009:
a. All documents relating to work performed by the Claimant in connection with the Private Equity Fund during January to December 2008, but limited in the first instance to communications by email and otherwise between the Claimant and (i) Avinash Gupta; (ii) Karim Muna; and (iii) Anwar Abu Sbaitan. The parties have liberty to apply for further directions thereafter.
b. All documents and communications related to the investment of Investor A from January to December 2008.
c. Details accounting for the $120 Million in received commitments for the Private Equity Fund’s 1st closing (i.e. a list of investors, the amounts they committed to as well as copies of the signed agreements).
d. The Agenda/desk diary for the Claimant during his period of employment by the Defendant.

 

3. The Claimant has leave to amend his pleadings as proposed. Service of the amended pleadings is dispensed with.

 

4. The Claimant is to notify the Defendant and the Court within 21 days of the names of any witnesses proposed to be relied upon at trial.

 

5. Witness statements to be exchanged by 1 September 2009, along with confirmation as to which witnesses are to be called to give oral evidence at trial.

 

6. Leave granted to both parties to call an expert witness if so advised, concerning the issue raised in the penultimate sentence of paragraph 3.1 of the Amended Defence.
Reports, if any, are to be served by 1 September 2009. The parties have liberty to apply for further directions thereafter.

 

7. The case is listed for trial beginning on 13 December 2009 for a maximum of 3 days.

 

8. All questions of costs are reserved.

 

Amna Alowais
Deputy Registrar
Date of Issue: 18 June 2009
At: 11am

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