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You are here: BAILII >> Databases >> The Dubai International Financial Centre >> Nirved - Neha v Nitin - Neha [2024] DIFC SCT 319 (17 September 2024) URL: http://www.bailii.org/ae/cases/DIFC/2024/DSCT_3198.html |
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Nirved - Neha v Nitin - Neha [2024] DIFC SCT 319
September 17, 2024 SCT - JUDGMENTS AND ORDERS
Claim No: SCT 319/2024
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE SMALL CLAIMS TRIBUNAL OF DIFC COURTS
BETWEEN
NIRVED - NEHA
Claimant
and
NITIN - NEHA
Defendant
ORDER WITH REASONS OF H.E. JUSTICE MAHA AL MHEIRI
UPON this Claim having been called on 20 August 2024 for a hearing before H.E. Justice Maha Al Mheiri, with the Claimant and the Defendant’s representative in attendance
AND PURSUANT TORule 4.12 of the Rules of the DIFC Courts
IT IS HEREBY ORDERED THAT:
1. The Claimant’s name in this Claim shall be amended to “NIRVED”.
2. The Defendant’s name in this Claim shall be amended to “NEHA”.
3. The SCT Registry shall amend the Case title accordingly.
Issued by:
Delvin Sumo
SCT Judge and Assistant Registrar
Date of Issue: 17 September 2024
At: 2pmSCHEDULE OF REASONS
1. This Claim relates to an employment contract signed between Nirved and Neel and Neha. The Claim Form dated 29 July 2024 in this matter appears to name the Defendant in this claim to be Nitin, CEO of Neha . In review of the Claim Form and the documents filed in support of it, it appears that the Claimant, upon the filing the Claim Form, erroneously named the CEO of Neha as the Defendant in this claim.
2. The error made by the Claimant within the Claim Form is a common one, and can be attributed to the nature of the Small Claims Tribunal (the “SCT”) insofar as litigants are to represent themselves in their personal capacity, with legal representation being permitted on a conditional basis only subject to authorisation being granted by a judge of the SCT. The SCT’s practice in these circumstances is for the judge presiding over the Consultation to discover an error of incorrectly named litigants and recommend that the parties be correctly identified going forward. I have determined that this order be made of my own initiative.
3. Therefore, it is hereby ordered that the Defendant’s name is to be amended to reflect the Claimant’s employer and not the CEO, Neha.