November 06, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 041/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
KIRTANLAL INTERNATIONAL DMCC
Claimant
and
(1) STATE BANK OF INDIA (DIFC BRANCH)
(2) JINGJIANG SPECIAL STEEL CO. LTD
(3) HUBEI XINYEGANG STEEL CO. LTD
(4) CITIC PACIFIC SPECIAL STEEL GROUP CO. LTD
Defendants
CONSENT ORDER
UPON the Part 7 Claim Form dated 13 June 2022 (the “Claim”)
UPON the oral directions of Justice Sir Jeremy Cooke at the pre-trial review hearing held on 22 August 2023 (the “PTR Hearing”)
AND UPON the Second to Fourth Defendants’ Application No. CFI-041-2022/3 dated 18 August 2023 seeking to set aside the claim form pursuant to Part 12 of the Rules of the DIFC Court (the “RDC”) (the “Second to Fourth Defendants’ Application dated 18 August 2023”)
AND UPON the Claimant’s Application No. CFI-041-2022/5 dated 1 September 2023 seeking to retrospectively extend the validity of the Claim Form (the “Claimant’s Application dated 1 September 2023”)
AND UPON the Claimant and Second to Fourth Defendants having agreed to the terms of this Consent Order
IT IS HEREBY ORDERED BY CONSENT THAT:
1. Purported service of the Claim Form on the Second to Fourth Defendants is set aside.
2. The Claim Form is set aside as against the Second to Fourth Defendants.
3. The proceedings are dismissed as against the Second to Fourth Defendants.
4. The Claimant’s Application dated 1 September 2023 is dismissed.
5. The Second to Fourth Defendants’ costs of and occasioned by these proceedings, including the costs of PTR Hearing, the Second to Fourth Defendants’ Application dated 18 August 2023, the Claimant’s Application dated 1 September 2023 and this Consent Order, shall be paid by the Claimant in any event, such costs to be assessed on the standard basis by the Registrar, if not agreed.
Issued By:
Delvin Sumo
Assistant Registrar
Date of issue: 6 November 2023
At: 8am