CFI 009/2020 Ali Mousa & Sons Aluminium Industries v Sun Engineering & Contracting Llc
CFI 009/2020 Ali Mousa & Sons Aluminium Industries v Sun Engineering & Contracting Llc
November 15, 2020  Court of First Instance -Orders
Claim No: CFI 009/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE
COURTS
IN THE
COURT
OF FIRST INSTANCE
BETWEEN
ALI MOUSA & SONS ALUMINIUM INDUSTRIES
Claimant
and
SUN ENGINEERING & CONTRACTING LLC
Defendant
ORDER OF JUDICIAL OFFICER NASSIR AL NASSER
UPON
reviewing the Defendant’s Application No. CFI-009-2020/3 dated 15 October 2020 seeking a
Court
Order to separate the two claims filed by the Claimant under one claim form (the
“Application”
)
AND UPON
considering the first claim which relates to project Manazel Al Khor Project in Al Jaddaf Waterfront where the Claimant is seeking an amount of AED 2,802,350 (
“Claim 1”
)
AND UPON
considering the second claim which relates to Sparkle Tower Project, in Dubai Marina, where the Claimant is seeking an amount of AED 7,061,497.50 (
“Claim 2”
)
AND UPON
reviewing the Claimant’s reply to the Application dated 28 October 2020
AND UPON
reviewing the Defendant’s evidence in reply filed on 4 November 2020
AND UPON
reviewing the Court file
IT IS HEREBY ORDERED THAT:
1. The Application is granted.
2. Claim 2 filed under CFI-009-2020, be struck out and the Claimant shall file Claim 2 under a new separate claim form.
3. Claim 1 shall continue under CFI-009-2020.
4. The Claimant shall file an amended Particulars of Claim in relation to Claim 1 by no later than 4pm on Sunday, 15 November 2020.
5. The Defendant shall file an amended defence in relation to Claim 1 by no later than 4pm on Sunday, 22 November 2020.
6. The Claimant shall bear the costs of this Application, to be assessed by the
Registrar
if not agreed.
Issued by:
Nour Hineidi
Registrar
Date of issue: 15 November 2020
At: 9am