CFI 030/2023 (1) M/s. Sam Precious Metals FZ-LLC (2) Sami Riyad Mahmoud Abu-ahmad (3) Rosyson FZE v (1) M/s. Snyder Prime Limited (2) Phoebe Leah Tooker (3) Shakthi Chauhan
CFI 030/2023 (1) M/s. Sam Precious Metals FZ-LLC (2) Sami Riyad Mahmoud Abu-ahmad (3) Rosyson FZE v (1) M/s. Snyder Prime Limited (2) Phoebe Leah Tooker (3) Shakthi Chauhan
June 20, 2024  COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 030/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) M/s. SAM PRECIOUS METALS FZ-LLC
(2) SAMI RIYAD MAHMOUD ABU-AHMAD
(3) ROSYSON FZE
Claimants
and
(1) M/s. SNYDER PRIME LIMITED
(2) PHOEBE LEAH TOOKER
(3) SHAKTHI CHAUHAN
Defendants
ORDER WITH REASONS OF JUSTICE ANDREW MORAN
UPON
reviewing the Claimant’s Application No. CFI-030-2023/6 dated 30 May 2024 to include
				(in evidence and in the Trial bundle) additional documents being the Annual Financial Statements
				for the year 2022 and 2023, and the Statement of Account for the year 2024 of the First Claimant’s
				Sharjah Branch, which documents were inadvertently not filed before, and which are pertinent to
				enable the Court to decide on issue No.2 in the case and arrive at the actual loss incurred by the
				First Claimant
AND UPON
reviewing the witness statement of Anuj Garg dated 29 May 2024
AND UPON
reviewing the fifth witness statement of Shakti Chauhan dated 3 June 2024
AND UPON
reviewing the Reply of the Claimant issued on 6 June 2024
IT IS HEREBY ORDERED THAT:
1. The documents described in the first recital shall be admitted into evidence and shall be
				added to the Hearing Bundle for use at the adjourned hearing of the trial of issues 1, 2
				and 6 (insofar as issue 6 relates to issues 1 and 2), when the resumption of the hearing is
				fixed.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 20 June 2024
At: 11am
SCHEDULE OF REASONS
1. I am satisfied that the failure to refer to the documents in evidence and include them in the
				trial bundle was due to an oversight on the part of the Claimants or their representatives.
2. I consider it fair to allow the admission of the documents, being satisfied that the Defendants
				are not prejudiced by the late admission of them. The documents go only to the quantum of
				losses allegedly sustained and the objections raised by Mr. Chauhan are not relevant to
				that issue.
3. It was by reason of the failure of the Defendants to adduce potentially relevant evidence on
				which they have sought to rely, and which reliance the court has allowed (to a strictly limited
				extent), that the trial had to be adjourned. As a result of the adjournment, the Defendants
				will have a full and fair opportunity to consider and deal with the documents admitted into
				evidence by this order, and to respond with relevant evidence and submissions on quantum,
				at the resumed trial.