March 31, 2022 court of first instance - Orders
Claim No. CFI 034/2021
THE DUBAI INTERNATIONAL FINANCE CENTRE COURT
IN THE COURT OF FIRST INSTANCE
AL EATESAM MODERN MARKETING CO LTD (SECUTRONIC)
SEED MENA BUSINESSMEN SERVICES LLC
ORDER OF JUSTICE LORD ANGUS GLENNIE
UPON reviewing the Case Management Order of H.E. Nassir Al Nasser dated 25 October 2021 (the “Case Management Order”)
AND UPON hearing the parties’ legal representatives at the Progress Monitoring Hearing on 28 March 2022
IT IS HEREBY ORDERED THAT:
1. The Case Management Order dated 25 October 2021 is revised to the extent that:
(a) The additional documents filed by the Claimant on 14 March 2022 as exhibits numbered 39 to 44 (the “Exhibits”) shall be served, on the Defendant, along with an affidavit, by 1pm on 31 March 2022 (the “Affidavit”) . The affidavit shall: (i) state the reasons for the delay in identifying and filing the Exhibits; and (ii) reasons why the Exhibits are material and relevant to the case.
(b) The Defendant shall file and serve its objections, if any, on the relevance, materiality and admissibility of Exhibits by 4pm on 7 April 2022.
(c) The Court shall consider the Affidavit alongside the Defendant’s objections and issue directions on the admissibility of the Exhibits before 20 April 2022.
(d) Thereafter, should the Claimant wish, in terms of the directions issued by the Court on 20 April 2022, move an application in terms of the applicable provisions of the RDC to bring the additional documents along with the Affidavit on the record. Such an application must be filed by 4pm on 25 April 2022 (“Application”).
(e) Should such an Application be filed, the Defendant shall have 7 days from the date of service of the Application to file its response to the Application.
(f) The Parties shall discuss and agree to the list of key issues to be addressed in the Trial, and file the agreed list of issues with the Court by 11 April 2022.
(g) The Parties shall file and serve the Pre-Trial Checklist under Part 26 Schedule C of the RDC by 4pm on 12 April 2022.
(h) The Claimant shall file and serve the following additional documents by 4pm on 19 April 2022: chronology of events, its skeleton argument, written opening statement, reading list, and trial timetable. The Claimant is to ensure that these documents form part of the ebundle.
(i) The Defendant shall file and serve the following documents by 4pm on 21 April 2022: its skeleton argument, written opening statement and reading list. The Defendant is to ensure that these documents also form part of the ebundle.
(j) The Claimant shall file an agreed trial eBundle after discussing with Defendant by 4pm on 21 April 2022.
(k) The Trial of this matter shall be scheduled tentatively from 25 April 2022 to 27 April 2022, for three consecutive days conducted in two sessions starting from 11am GST to 12.30pm GST and 1.30pm GST to 4.30pm GST with a one hour break between 12.30pm and 1.30pm GST.
(l) The Defendant’s costs arising out of the Exhibits it proposes to file shall be borne by the Claimant.
2. No other orders as to costs.
Date of issue: 31 March 2022
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