Claim No. CFI 055/2025

IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF APPEAL

BETWEEN

GANESAN MUTHIAH

Claimant/Respondent

and

ABDUL RAHMAN MOHAMMAD

Defendant/Applicant

ORDER WITH REASONS OF H.E. JUSTICE SHAMLAN AL SAWALEHI

UPON the Defendant’s Appeal Notice dated 10 November 2025 seeking Permission to Appeal (the “PTA Application”) against the Order of H.E. Justice Shamlan Al Sawalehi dated 20 October 2025

AND UPON the Order of H.E. Justice Shamlan Al Sawalehi dated 21 January 2026, by which the PTA Application was dismissed and the Applicant was ordered to pay the Respondent’s costs of the PTA Application (the “Order”)

AND UPON the Respondent’s Statement of Costs dated 28 January 2026

AND UPON considering Part 38 of the Rules of the DIFC Courts (“RDC”) and Practice Direction No. 4 of 2017 Interest on Judgments

IT IS HEREBY ORDERED THAT:

1. The Applicant shall pay the Respondent 80% of the Respondent’s costs of the PTA Application in the total sum of AED 47,628.00 (the “Costs Award”).

2. The Applicant shall pay the Costs Award within 14 days of the date of this Order, pursuant to RDC 38.40.

3. In the event that the Applicant fails to pay the Costs Award within 14 days of the date of this Order, interest shall accrue at the rate of 9% per annum from the date of this Order until payment in full, in accordance with Practice Direction No. 4 of 2017.

Issued By:
Delvin Sumo
Assistant Registrar
Date of issue: 29 January 2026
At: 2pm

1. This Order concerns the costs of the Defendant’s Permission to Appeal Application, which was dismissed by the Order of H.E. Justice Shamlan Al Sawalehi dated 21 January 2026.

2. By that Order, the Applicant was directed to pay the Respondent’s costs of the PTA Application on the standard basis, with a Statement of Costs to be filed within five working days.

3. The Respondent filed a Statement of Costs dated 28 January 2026, claiming a total sum of AED 59,535.00, comprising professional fees incurred in opposing the PTA Application, including the preparation of skeleton arguments, supplemental submissions, and the Statement of Costs.

4. In assessing those costs, the Court has had regard to RDC 38.7, 38.8 and 38.23, and to the requirement that costs allowed on the standard basis be both reasonable and proportionate.

5. While the Respondent was the successful party in the PTA Application, I consider it appropriate, in the exercise of the Court’s discretion, to allow recovery of 80% of the total costs claimed, reflecting the nature of the PTA Application and the need to ensure proportionality.

6. The Applicant shall therefore pay the Respondent the sum of AED 47,628.00, as set out in the Order above.