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CFI 007/2018 Mahesh Srichand Tourani v (1) Dusti Lalichand Mehtani Tourani (2) Duzty LLC

CFI 007/2018 Mahesh Srichand Tourani v (1) Dusti Lalichand Mehtani Tourani (2) Duzty LLC

May 27, 2018

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Claim No. CFI-007-2018

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BEFORE JUDICIAL OFFICER NASSIR AL NASSER

BETWEEN

MAHESH SRICHAND TOURANI

Claimant

and

(1) DUSTI LALICHAND MEHTANI TOURANI

(2) DUZTY LLC

Defendants


AMENDED CASE MANAGEMENT ORDER NO. 1 OF JUDICIAL OFFICER NASSIR AL NASSER


UPON reviewing the Court file

AND UPON reading the Case Management Bundle

AND UPON reviewing the Rules of the DIFC Courts (“RDC”)

AND UPON hearing Counsel for the Claimant and Counsel for the Defendants at the Case Management Conference held before Judicial Officer Nassir Al Nasser on 14 May 2018 at 10am

IT IS HEREBY ORDERED BY CONSENT THAT:

Production of Documents (RDC Part 28) 

1.Standard production of documents shall be made by each party by no later than 4pm on 28 May 2018.

2. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on 4 June 2018.

3. Objections to Requests to Produce, if any, shall be filed and served by no later than 4pm on 11 June 2018.

4. Where objections to any Requests to Produce have been made, the Court shall determine those objections and shall make any disclosure order by no later than 25 June 2018.

5. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 7 days thereafter.

6. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 7 days from the date of the Request to Produce, and in any event by no later than 4pm on 11 June 2018.

Witness Statements (RDC Part 29)

7.The parties shall exchange and serve any witness statements on which they intend to rely by no later than 4pm on 16 July 2018.

8. Any Witness Statement evidence in reply shall be filed and served by no later than 4pm on 30 July 2018.

9. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.

Progress Monitoring Date (RDC Part 26)

10. The Progress Monitoring Date shall be 5 August 2018.

11. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before progress monitoring date and in any event by no later than 4pm on 30 July 2018.

Trial Bundles (RDC Part 35)

12.Agreed trial bundles shall be filed and served no later than 2 weeks before trial.

Reading List and Trial Timetable (RDC Part 35)

13.An agreed reading list for trial along with an estimate of time required for reading and an agreed estimated timetable for trial shall be filed with the Court by the Claimant no later than two clear days before trial.

Skeleton Argument and Chronology (RDC Part 35)

14. Skeleton Arguments shall be filed and served three clear days before the start of trial for the Claimant and two clear days before the start of trial for the Defendants.

15. The Claimant shall prepare and serve on the Defendants a draft Chronology of significant events cross-referenced to significant documents, pleadings and witness statements no later than 4pm on 5 August 2018. The Defendants shall provide their comments by 4pm on 12 August 2018. The Chronology shall be filed with the Court by the Claimant by no later than 4pm on 14 August 2018. The Chronology shall be agreed if possible. In the event that there are areas of disagreement, the Chronology shall include an agreed Chronology and a Chronology of events which are disputed, with the parties’ respective positions outlined therein.

Trial (RDC Part 35)

16. The trial of this matter shall be listed in the window 20 – 30 August 2018 with an estimated duration of 4 days (including half day pre-reading).

17. Costs of the Case Management Conference shall be costs in the case.

18. The parties shall have liberty to apply.

Issued by:

Nassir Al Nasser

Judicial Officer

Date of Issue: 27 May 2018

At: 12pm

 

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