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CFI 027/2018 (1) Amira C Foods International DMCC (2) A K Global Business FZE v IDBI Bank Limited

CFI 027/2018 (1) Amira C Foods International DMCC (2) A K Global Business FZE v IDBI Bank Limited

November 1, 2018

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Claim No: CFI-027-2018

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BEFORE JUDICIAL OFFICER NASSIR AL NASSER

BETWEEN

(1) AMIRA C FOODS INTERNATIONAL DMCC

(2) A K GLOBAL BUSINESS FZE

Claimants

and

IDBI BANK LIMITED

Defendant

and

KARAN A CHANANA

Third Party


CASE MANAGEMENT ORDER 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 Claimants and Third Party and Counsel for the Defendant at the Case Management Conference held before Judicial Officer Nassir Al Nasser on 30 October 2018

IT IS HEREBY ORDERED THAT:

Pleadings

1. The Third Party shall file and serve its Reply to the Defendant’s Defence to the Third Party’s Counterclaim by no later than 15 November 2018.

Production of Documents (RDC Part 28)

2. Standard production of documents shall be made by each party by no later than 22 November 2018.

3. Each party shall file and serve its Requests to Produce, if any, by no later than 29 November 2018.

4. Each party shall file and serve its objections to any Requests to Produce, if any, by no later than 6 December 2018.

5. Where there are no objections to a particular request contained in a Request to Produce, documents responsive to that request shall be produced no later than 13 December 2018.

6. Where objections to any Requests to Produce have been made, the Court shall, subject to its availability, seek to determine those objections and make any Disclosure Order within 28 days thereafter.

7. Each party shall comply with the terms of any Disclosure Order and file a Document Production Statement no later than 17 January 2019 or 14 days after the date of the Disclosure Order, whichever is the later.

Witness Statements (RDC Part 29)

8. Signed statements of witnesses of fact, and hearsay notices where required by the RDC, shall be exchanged no later than 31 January 2019 or 28 days after the Disclosure Order, whichever is the later.

9. Reply statements of witnesses of fact, if any, shall be exchanged no later than 28 days after the above deadline for the exchange of the first round of statements of witnesses of fact.

10. Unless otherwise ordered, witness statements shall stand as evidence in chief of the witness at trial.

Expert Evidence (RDC Part 31)

11. The Claimants and Third Party shall, together, have permission to call on the expert evidence of one expert. The Defendant shall also have permission to call on the expert evidence of one expert.

12. The Claimants and Third Party shall file and serve their expert evidence by no later than 10 January 2019.

13. The Defendant shall file and serve its expert evidence in reply by no later than 21 March 2019.

14. The parties’ experts shall liaise on and prepare a joint expert report setting out the areas on which they agree and disagree. The parties shall file and serve that joint expert report by no later than 18 April 2019.

Trial Bundles (RDC Part 35)

15. Agreed trial bundles shall be lodged with the Court by the Claimants no later than 14 days before trial.

Reading List and Trial Timetable (RDC Part 35)

16. An agreed reading list for trial along with an estimate of time required for reading and an estimated timetable for trial shall be filed with the Court by the Claimants no later than 2 clear days before trial.

Skeleton Argument and Chronology (RDC Part 35)

17. Skeleton Arguments shall be filed and served 5 clear days before the start of trial for the Claimants and the Third Party, and 2 clear days before the start of trial for the Defendant.

18. The parties shall prepare an agreed Chronology of significant events cross-referenced to significant documents, pleadings and witness statements which shall be filed with the Court by the Claimants no later than 1 week before trial. 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)

19. The trial shall be listed for a date to be decided, no earlier than 6 weeks following the exchange of all statements of witnesses of fact and expert reports.

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

21. The parties shall have liberty to apply.

 

Issued by:

Ayesha Bin Kalban

Assistant Registrar

Date of issue: 1 November 2018

At: 3pm

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