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CFI 053/2017 JK Imaging Europe Limited v Jeetek Distributions DMCC

CFI 053/2017 JK Imaging Europe Limited v Jeetek Distributions DMCC

March 12, 2019

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Claim No: CFI-053-2017

 

THE DUBAI INTERNATIONAL FINANCIAL CENTER COURTS

 

IN THE COURT OF FIRST INSTANCE

BETWEEN

JK IMAGING EUROPE LIMITED

                                                                                                                                    Claimant/Respondent

  and

JEETEK DISTRIBUTION DMCC

                                                                                                                Defendant/ Appellant 


ORDER WITH REASONS OF H.E. JUSTICE OMAR AL MUHAIRI


UPON reviewing the Defendant/Appellant’s Application dated 17 February 2019 (the “Appeal Application”) seeking permission to appeal the Judgment of H.E Justice Omar Al Muhairi’s Judgment dated 30 December 2018

IT IS HEREBY ORDERED THAT:

1.The Appellant’s Application for permission to appeal dated 17 February 2019 is denied.

2. There be no order as to costs.

Issued by:

Ayesha Bin Kalban

Assistant Registrar

Date of issue: 12 March 2019

At: 1pm 

 

SCHEDULE OF REASONS

1.The Appellant’s application for permission to appeal was filed on 17 February 2019 and falls outside of the 21-day period set out in the Rules of the DIFC Courts (the “RDC”). I therefore find that the Application is out of time, pursuant to RDC 44.10.

2. The Appellant’s application for permission to appeal also did not comply with RDC 44.13, insofar as it did not include an application for an extension of time and a statement of the reason for the delay and the steps taken prior to the application being made.

3. For the above reasons, I am of the view that Application for permission to appeal is to be refused by the Courts.

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