May 17, 2023 court of first instance - Orders
Claim No: CFI 046/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
AL SAHEL CONTRACTING CO. L.L.C.
UPON the Claimant’s Claim No. CFI-046-2022 against the Defendant (formerly No. TCD-002-2022) (the “Claim”) pursuant to Clause 19 of the General Conditions of the Works Contract between the Claimant and the Defendant for the G+4 Building (Worker’s Accommodation) on Plot No. 5991904, Jebel Ali Industrial Area First, Dubai, U.A.E. and dated 5 December 2018 (the “Contract”)
AND UPON the Order with Reasons of Justice Wayne Martin dated 18 January 2023 granting permission for the payment out of the Money Paid into Court (AED 1,802,850) to the Claimant (the “Payment Order”)
AND UPON the Claimant and the Defendant having concluded a Settlement Agreement on 3 May 2023 and reached an agreement on the terms set out in this Consent Order
IT IS HEREBY DECLARED AND ORDERED BY CONSENT THAT:
1. In addition to the money received by the Claimant in accordance with the Payment Order, the Defendant paid the Claimant an additional AED 250,000.00, on 16 May 2023, by cheque to settle the Claim.
2. The Claimant and the Defendant agree that in regard to the performance of the Contract, the actual Date for Taking-Over was 15 January 2020 and the Defects Liability Period expired on 15 January 2021.
3. The Claim shall be discontinued by consent.
4. There shall be no order as to costs.
Date of Issue: 17 May 2023