Claim No: CFI 011/2009
THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE
IN THE COURT OF FIRST INSTANCE
|AMARJEET SINGH DHIR||Applicant|
(1) WATERFRONT PROPERTY INVESTMENT LIMITED
(2) LINARUS FZERespondents
If you WATERFRONT PROPERTY INVESTMENT LTD or LINARUS FZE disobey this order you may be held to be in contempt of court and may be imprisoned, fined or have your assets seized.
Any other person who knows of this order and does anything which helps or permits the Respondents to breach the terms of this order may also be held to be in contempt of court and may be imprisoned, fined or have their assets seized.
It is ordered as follows:
1. This is a Freezing Injunction made against Waterfront Property Investment Ltd and Linarus Fze (together, “the Respondents”) on 22 April 2009 by Sir Justice Anthony Evans, Chief Justice of the DIFC Court on the application of Amarjeet Singh Dhir (the “Applicant”). The Judge read the Affidavits listed in Schedule A and accepted the Undertakings set out in Schedule B at the end of this Order.
2. This Order was made at a hearing without notice to the Respondents. The Respondents have a right to apply to the court to vary or discharge the Order – see paragraph 13 below.
3. Unless otherwise stated, references in this order to the “Respondents” mean both or either of them. This order is effective against any Respondent on whom it is served or who is given notice of it.
4. There will be a further hearing in respect of this Order on a date to be fixed by the Court if not agreed, not before 3 May 2009, subject to paragraph 13 of this Order (“Return Date”).
5. Until the Return Date or further order of the court, the Respondents must not remove from the United Arab Emirates (“UAE”), or in any way dispose of, deal with or diminish the value of any of their assets which are in the UAE.
6. Paragraph 5 applies to all the Respondents’ assets whether or not such assets are in its own name and whether such assets are solely or jointly owned. For the purpose of this order the Respondents’ assets include any asset which it has the power, directly or indirectly, to dispose of or deal with as if it were its own. The Respondents are to be regarded as having such power if a third party holds or controls the asset in accordance with their direct or indirect instructions.
7. This prohibition includes the following assets in particular-
(a) the properties known as WMFA-C1A1, WMFA-C1A2, WFMA-C02B1, WFMA-C02B2, WFMA-C02C1, WFMA-C02C2, WFMA-C02D1, WFMA-C02D2 all located in Dubai Waterfront or the net sale money after payment of any mortgages if any or all have been sold;
(b) the property and assets of the Respondents’ business or the sale money if any of them have been sold.
PROVISION OF INFORMATION
(1) Unless sub-paragraph (2) below applies, each Respondent shall as soon as possible after service of this Order and to the best of their ability and in any event before the Return Date inform the Applicant’s legal representative of:
9. On or before the Return Date each Respondent shall swear and serve on the Applicant’s legal representatives an affidavit setting out and/or confirming the accuracy of the above information.
EXCEPTIONS TO THIS ORDER
11. The costs of this application are reserved to the Court and/or Arbitration Tribunal.
(1) The Applicant has permission to serve this Order and the Application Notice on the First Respondent out of the jurisdiction of this court:
(2) Service of this Order on the Second Respondent shall be effected by leaving a copy of the Order
VARIATION OR DISCHARGE OF THIS ORDER
12. Anyone served with or notified of this Order may apply to the court at any time to vary or discharge this Order (or so much of it as affects that person), upon notice in writing to the Applicant’s legal representatives. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the Applicant’s legal representatives before the application is heard.
INTERPRETATION OF THIS ORDER
13. A Respondent or person which is not an individual which is ordered not to do something must not do it itself or by its directors, officers, partners, employees or agents or in any other way. A person who is an individual must not do it himself or through others acting on his behalf or on his instructions or with his encouragement.
PERSONS OTHER THAN THE APPLICANT AND RESPONDENT
14. Effect of this order
It is a contempt of court for any person notified of this order knowingly to assist in or permit a breach of this Order. Any person doing so may be imprisoned, fined or have their assets seized.
15. Set off by banks
This Order does not prevent any bank from exercising any right of set off it may have in respect of any facility which it gave to the Respondents before it was notified of this Order.
16. Withdrawals by the Respondent
No bank need enquire as to the application or proposed application of any money withdrawn by the Respondents if the withdrawal appears to be permitted by this order.
17. Liberty to Apply
COMMUNICATIONS WITH THE COURT
All communications to the court about this order should be sent to the Court (with copy to JSA) quoting the case number CFI 11/2009.
The Gate District
PO Box 211724
The Court’s telephone number is +971 4 427 3333.
The offices are open between 10h00 and 17h00 Sunday to Thursday.
Acting Deputy Registrar
Date of Issue: 23rd April 2009
The Applicant relied on the following affidavit-
UNDERTAKINGS GIVEN TO THE COURT BY THE APPLICANT
(1) If the court later finds that this Order has caused loss to the Respondents, and decides that the Respondents should be compensated for that loss, the Applicant will comply with any order the court may make.
(2) Applicant undertakes to give not less than 7 days notice to the Court and the Respondents before disposing or agreeing to dispose of Plot C06C2 in Dubai Waterfront.
(3) Applicant undertakes forthwith and in any event within 7 days, to request arbitration pursuant to the C06C2 Memorandum of Agreement dated 5 September 2008 and in accordance with Article 1 of the DIFC-LCIA Arbitration Rules.
(4) As soon as practicable thereafter serve upon the Respondents
i. a copy of the Request for Arbitration made as aforesaid, and accompanying documents, pursuant to Article 1.1(g) of the DIFC-LCIA Arbitration Rules;
(ii) copies of the affidavits and exhibits containing the evidence relied upon by the Applicant on the making of this application.
(5) The Applicant will pay the reasonable costs of anyone other than the Respondents which have been incurred as a result of this Order including the costs of finding out whether that person holds any of the Respondents’ assets and if the court later finds that this order has caused such person loss, and decides that such person should be compensated for that loss, the Applicant will comply with any order the court may make.
(6) If this order ceases to have effect (for example, if the Respondents provide security) the Applicant will immediately take all reasonable steps to inform in writing anyone to whom he has given notice of this Order, or who he has reasonable grounds for supposing may act upon this order, that it has ceased to have effect.
(7) The Applicant will not without the permission of the court use any information obtained as a result of this Order for the purpose of any civil or criminal proceedings, either in the UAE or in any other jurisdiction, other than this claim.
(8) The Applicant will not without the permission of the Court seek to enforce this order in any country outside the UAE.
NAME AND ADDRESS OF APPLICANT’S LEGAL REPRESENTATIVES
The Applicant’s legal representatives are-
JSA, Dubai International Financial Centre, Gate Village 7, Level 2, PO Box 506546, Dubai, United Arab Emirates.
Telephone +971 4 709 6700
Facsimile +971 4 709 6711
Mobile: +971 50 210 2202
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