Skip to Content

CFI 011/2009 – Order

CFI 011/2009 – Order

April 23, 2009


Claim No: CFI 011/2009






(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 Courts 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.





(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:

(a) all its assets in the UAE whether in its own name or not and whether solely or jointly owned, giving the value, location and details of all such assets;
(b) all of the plots of land in the UAE which are owned by the Respondents, whether in their own name or not and whether solely or jointly owned, giving the value, location and details of all such assets;
(c) the names, addresses and telephone, fax and mobile numbers, and email address of the beneficial owners of the Respondents;
(d) the names, addresses and telephone, fax and mobile numbers, and email address of the individual(s) who have authority to represent the Respondents.
(2) If the provision of any of this information is likely to incriminate the Respondents, it may be entitled to refuse to provide it, but is recommended to take legal advice before refusing to provide the information. Wrongful refusal to provide the information is contempt of court and may render the Respondents liable to be imprisoned, fined or have its assets seized.


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.




(1) This order does not prohibit the Respondents from spending a reasonable sum on legal advice and representation. But before spending any money the Respondent must inform the Applicant’s legal representatives in writing of the amount and where the money is to come from.
(2) The Respondents may agree with the Applicant’s legal representatives that this order should be varied in any other respect, but any agreement must be in writing.
(3) The Order will cease to have effect if the Respondents make provision for security in that sum by another method agreed in writing with the Applicant’s legal representatives.


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:

a. by leaving a copy at its Registered Office, namely Trident Trust Company (B.V.I.), Trident Chambers, Wickhams Cay, P.O. Box 146, Road Town, Tortola, British Virgin Islands.
a. if practicable, serving a copy on a director or the office of Fortis Intertrust (Curacao) N.V., wherever they may be found.


(2) Service of this Order on the Second Respondent shall be effected by leaving a copy of the Order

a. at the offices of its Registered Agent in Dubai; and
b. at the address specified in the Trade Licence, i.e. Office No LB 15220, Jebel Ali, Dubai, United Arab Emirates.


(3) It is further ordered that Service on the Second Respondent shall also constitute valid service on the First Respondent pending service on the First Respondent pursuant to subparagraph (1) above.


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.


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.



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


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.

DIFC Courts
Ground Floor
Building 4
The Gate District
PO Box 211724
Dubai, UAE

The Court’s telephone number is +971 4 427 3333.

The offices are open between 10h00 and 17h00 Sunday to Thursday.


Roopa Madala
Acting Deputy Registrar
Date of Issue: 23rd April 2009
at 2pm



The Applicant relied on the following affidavit-

(1) The 1st Affidavit of Amarjeet Singh Dhir dated 20 April 2009.
(2) The 1st Affidavit of Satinder Singh Bhasin dated 20 April 2009.


(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.



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



Privacy Policy

The Dubai International Financial Centre and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.

Dubai International Financial Centre and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.

  1. DIFC Courts's Top Management is committed to secure information of all our interested parties.
  2. Information security controls the policies, processes, and measures that are implemented by DIFC Courts in order to mitigate risks to an acceptable level, and to maximize opportunities in order to achieve its information security objectives.
  3. DIFC Courts and all its affiliates shall adopt a systematic approach to risk assessment and risk treatment.
  4. DIFC Courts is committed to provide information security awareness among team members and evaluate the competency of all its employees.
  5. DIFC Courts and all its affiliates shall protect personal information held by them in all its form.
  6. DIFC Courts and all its affiliates shall comply with all regulatory, legal and contractual requirements.
  7. DIFC Courts and all its affiliates shall provide a comprehensive Business Continuity Plan encompassing the locations within the scope of the ISMS.
  8. Information shall be made available to authorised persons as and when required.
  9. DIFC Courts’s Top Management is committed towards continual improvement in information security in all our processes through regular review of our information security management system.


The content of the DIFC Courts website is provided for information purposes only and should be disregarded when making decisions on inheritance and any other matters. Whilst every reasonable effort is made to make the information and commentary accurate and up to date, the DIFC Courts makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on this website, which is subject to change at any time without notice. The information and commentary does not, and is not intended to, constitute legal advice by the DIFC Courts or any person employed or connected with it or formerly so employed or connected, to any person on any matter, be it in relation to inheritance, succession planning or otherwise. You are strongly advised to obtain specific, personal advice from a suitably qualified lawyer in relation to your personal circumstances and your objectives. The DIFC Courts does not assume any liability and shall not be liable to you for any damages, including but not limited to, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website, its administration and any content or lack thereof found on it. The information on this web site is not to be displayed except in full screen format. Although care has been taken to provide links to suitable material from this site, no guarantee can be given about the suitability, completeness or accuracy of any of the material that this site may be linked to or other material on the internet. The DIFC Courts cannot accept any responsibility for the content of material that may be encountered therein.