March 24, 2022 court of first instance - Orders
Claim No. CFI 025/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
UNION BANK OF INDIA (DIFC BRANCH)
(1) VELOCITY INDUSTRIES LLC
(2) VELOCITY VENTURE LTD.
(3) UMAKU TRADE INVEST LIMITED
(4) VJEY KAPOOR
(5) RAVI KUCHIMANKI
(6) RAJINDER MAKHIJANI
(7) PARAG GUPTA
(8) DEVIKA SWATI
ORDER OF JUSTICE LORD ANGUS GLENNIE
UPON the matter being listed for a Pre-Trial Review on 21 March 2022 (the “PTR”)
AND UPON hearing counsel for the Claimant, counsel for the Second and Fifth Defendants, counsel for the Sixth to Eighth Defendants, and the Fourth Defendant in person
AND UPON considering the Sixth to Eighth Defendants’ skeleton argument dated 18 March 2022
AND UPON the Court having read the documents on the Court file marked as read
IT IS HEREBY ORDERED AND DIRECTED THAT:
1. The Fourth Defendant shall provide the parties with a copy of the instructions given to Mr. Malhotra for the preparation of the expert report filed by SKM International Chartered Accountants (the “SKM Report”) on 15 February 2022, by 4:00pm on 28 March 2022.
2. The Fourth Defendant shall provide the parties with copies of all documents referred to in the SKM Report by 4:00pm on 28 March 2022.
3. In the event of an alleged non-compliance by Fourth Defendant (of paragraphs 1 and 2 above), the parties shall have liberty to apply for any consequential orders.
4. The Claimant’s legal representatives (Kochhar & Co.) are to file a witness statement setting out the advice provided to Fourth Defendant concerning the release of the guarantees (which are the subject matter of these proceedings), and exhibiting to that statement copies of file notes, attendance notes and correspondence relating to the same, within 14 days of the PTR.
5. The parties are to file an agreed amended case memorandum and List of Issues with the DIFC Registry, within 7 days of the PTR.
6. In the event that the parties are unable to agree on the contents on the amended case memorandum and the List of Issues, the parties are directed to make submissions in writing (limited to the outstanding points of dispute) by no later than 4:00 pm on 8 April 2022 and the matter will be placed before the trial judge for the Hearing.
7. The draft virtual hearing protocol circulated by the Sixth to Eighth Defendants on 18 March 2022 is to be adopted as guidance for the trial.
8. The trial shall commence at 12:00pm GST time (9:00 am BST) on Monday 30 May 2022.
9. The Sixth to Eighth Defendants have permission to arrange for daily transcripts, on the basis that they will bear the costs of the transcription services in the first instance, but such costs to be with the parties as part of a relevant costs order at the end of proceedings.
10. The legal representatives for the parties are to agree to a hearing timetable no later than 7 days before the commencement of the trial, with any remaining disputes to be resolved on the morning of the trial.
11. For the purpose of resolving the issue of ‘conflict of interest’, D4 has the right to make the application pursuant to RDC Part 23.
12. Costs of the PTR are costs in the case.
13. Liberty to apply
Date of Issue: 24 March 2022
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