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CFI 034/2012 – Directions Order

CFI 034/2012 – Directions Order

January 6, 2013

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Claim no. CFI 034/2012

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BEFORE JUSTICE SIR JOHN CHADWICK

BETWEEN

(1) MR AMIT DATTANI
(2) MR NITIN JOBANPUTRA
Claimants
and

DAMAC PARK TOWERS COMPANY LIMITED
(Previously trading as DAMAC REAL ESTATE ASSET MANAGEMENT COMPANY LIMITED)
Defendant

DIRECTIONS ORDER OF JUSTICE SIR JOHN CHADWICK

UPON hearing the Defendant’s Application No. CFI 034-2012/2

AND UPON hearing counsel for the Claimants and Senior Legal Manager of the Defendant on 20 December 2012

AND UPON the Defendant’s Senior Legal Manager undertaking to provide a Board Resolution from the Defendant authorising him to represent the Defendant

IT IS HEREBY ORDERED THAT

 

Defendant’s Jurisdiction Application

1. Having withdrawn its Application No. CFI 034-2012/2 challenging the jurisdiction of the DIFC Courts, the Defendant to pay the Claimants’ costs of and occasioned by Application No. CFI 034-2012//2 to be subject to a Detailed Assessment.

 

Consolidation/GLO Application

2. Proceedings CFI 034/2012 and CFI 046/2012 be consolidated (“Consolidated Claims“).

 

3. The Claimants’ Application No. CFI 034-2012/1 for a Group Litigation Order be stayed until further Order.

Further Directions

4. The Defendant to file an Acknowledgment of Service for case CFI 034/2012 by 23 December 2012.

 

5. The Defendant to file an Acknowledgment of Service for case CFI 046/2012 by 23 December 2012 or within 24 hours of the date of service on the Defendant of a sealed copy of the Particulars of Claim for CFI 046/2012, whichever occurs later.

 

6. The Defendant to file a Defence in the Consolidated Claims by 30 December 2012.

 

7. The Claimants in the Consolidated Claims to serve Part 19 Requests for Further Information of the Defence (“RFIs“), if any, by 13 January 2013.

 

8. The Defendant to provide Answers to the RFIs, if any, by 27 January 2013.

 

9. Any application in relation to the RFIs (“Part 19 Application“) pursuant to RDC 19.1 to be filed and served by 3 February 2013.

 

10. The Defendant to file and serve evidence in response to the Part 19 Application, if any, by 10 February 2013.

 

11. In the event that no RFl or Part 19 application is filed in accordance with paragraphs 7 and 9 above (as the case may be), the Claimants in the Consolidated Claims to file and serve Reply to Defence by the latter of:
a. 21 days from the date of service of the Defence; or
b. 21 days from the provision of Answers to the RFIs.

 

Case Management Conference

12. The Claimants’ Part 19 Application (if any) in the Consolidated Claims to be heard at the Case Management Conference to be listed on the first available date after 17 February 2013 with a half day time estimate.

 

Miscellaneous

13. Costs in the case.

 

14. Liberty to apply.

 

Issued by:
Mark Beer
Registrar
Date of Issue: 6 January 2013
At: 9am

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