April 08, 2026 court of first instance - Orders
Claim No. CFI 058/2024
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
ATUL DHAWAN ASHOK AMIR CHAND DHAWAN
Claimant
and
RAMZI WAHIB EL JAOUHARI
Defendant
ORDER WITH REASONS OF H.E. JUSTICE ROGER STEWART KC
UPON the Part 7 Claim Form filed on 21 August 2024 (the “Claim”)
AND UPON the Order with Reasons of H.E. Justice Roger Stewart dated 29 October 2025 striking out part of the Claimant’s Claim and giving Case Management directions including in relation to production of documents, the filing of witness statements and for alternative dispute resolution (the “29 October Order”)
AND UPON the parties having failed to agree upon the identity of an independent person as mediator
AND UPON the parties having served witness statements for trial
AND UPON the parties attending a restored Case Management Conference before H.E. Justice Roger Stewart on 6 April 2026
AND UPON each party indicating that it wished to call expert evidence in different disciplines relevant to the issues in the case (the “Adjourned CMC”)
IT IS HEREBY ORDERED THAT
1. If either party wishes to seek permission to adduce expert evidence at trial, it shall:
(a) provide a copy of the relevant report to the other party and to the Court by no later than 4pm on 4 May 2026;
(b) identify the field of expert evidence covered by the relevant report and the relevance to the pleaded issues;
(c) ensure that the report is compliant with RDC Part 31.
2. Upon receipt of the relevant report by one party, the opposing party may serve an expert report from an expert in the same discipline replying to the initial report by no later than 4pm on 1 June 2026.
3. There will be a Pre-Trial Review with a time estimate of one hour listed for a date to be fixed in the week commencing 24 June 2026 at which the Court will:
(a) Consider the admissibility of any served expert evidence;
(b) Give any further directions concerning expert evidence; and
(c) Give any further directions for trial.
4. A trial will be fixed for a remote hearing with a 2 day estimate from 8 September 2026 onwards.
5. Costs shall be in the case.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 8 April 2026
At: 2pm
SCHEDULE OF REASONS
1. The relevant background and essential procedural position are summarised in the reasons accompanying the 29 October Order.
2. The parties are each acting in person. Unfortunately, they have been unable to agree upon the identity of a mediator. Each party seems determined to have the matter determined by the Court. As the Court made clear, it is unfortunate given the sums involved and the likely costs of proceeding to trial.
3. At the Adjourned CMC, each party indicated that it would be likely to wish to adduce expert evidence but in different disciplines:
(a) The Claimant indicated that it wished to call evidence from a financial expert; and
(b) The Defendant indicated that it wished to call an expert with engineering and construction expertise.
4. Neither party was precise about the nature of the evidence and neither had instructed an expert.
5. The Court has real doubts as to the admissibility of any such evidence, particularly that suggested by the Claimant. Nonetheless, as the parties are acting in person, it has made directions which allow expert reports to be produced, in proper form, by the party that wishes to call them so that they can be considered by the other party and the Court. This can be done at the Pre-Trial Review which has been ordered.
6. Given the parties’ apparent mutual desire to have this matter determined by the Court, it will be set down for trial. The Court still considers this matter suitable for mediation and suggests that the parties may wish to seek the assistance of the DIFC Mediation Services
