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CFI 020/2009 – Order

CFI 020/2009 – Order

September 2, 2009

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Application No: 047/2009

THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE

IN THE COURT OF FIRST INSTANCE

BETWEEN

NBD SANA CAPITAL MGMT SHAREHOLDING CO Applicant
– and –

(1) NBD SANA CAPITAL GP

(2) SURESH KUMAR

Respondents

ORDER OF H.E. JUSTICE ALI AL MADHANI

MADE ON 2 SEPTEMBER 2009

PENAL NOTICE

IF YOU THE WITHIN NAMED NBD SANA CAPITAL GP AND/ OR SURESH KUMAR DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND LIABLE TO BE FINED OR YOUR ASSETS SEIZED AND ANY OF YOUR DIRECTORS MAY BE IMPRISONED OR FINED

IMPORTANT:

NOTICE TO THE RESPONDENTS

You should read the terms of the Order and the Guidance Notes very carefully.

You are advised to consult a lawyer as soon as possible.

This Order prohibits you, the Respondents, carrying out certain activities. You have a right to ask the Court to vary or discharge this Order.

 

If you disobey this Order you may be found guilty of Contempt of Court and any of you or your directors may be sent to prison or fined and you may be fined or your assets may be seized.

UPON the Applicant’s Application for an interim injunction as provided for in Rule 25.1(1) of the Rules of the Dubai International Financial Centre Court.

AND UPON HEARING Mr Craig Shepherd for the Applicant.

AND UPON READING the First Witness Statement of Abrar Mir dated 2 September 2009

IT IS ORDERED THAT:

 

1) The Court accepts the Applicant’s undertakings set out in Schedule A to this Order.

 

2) Until the trial of this action or further order in the meantime, the Respondents do immediately cease and do procure that any director, officer, employee, agent or associated person of the First Respondent, do cease from taking any steps to return and/ or distribute any unused portion of any drawn down Contribution to the Fund pursuant to the provisions of Article

 

3.3.3 of the LP Deed or otherwise;

 

3) The terms used in the opening words of the previous paragraph which are defined in the Shareholders’ Agreement and/ or LP Deed referred to above bear the same meaning as they do in that agreement except where a particular term is defined in this Order in which case this Order takes precedence.

 

4) The Court shall set a Return Date for the hearing of the application before a Judge sitting alone, which shall not be later than three days from the date upon which this Order is served on the Respondents, or such later date as the Respondents may agree.

 

5) Anyone served with or notified of this Order may apply to the Court at any time to vary or set aside this Order (or such of it as affects that person), but anyone wishing to do so must first inform the Applicant’s legal representatives in writing at least 48 hours beforehand.

 

6) It is permissible for acts that would otherwise be a breach of this Order to be done with the written consent of the Claimant’s legal representatives.

 

7) The costs of this Application shall be reserved until the hearing on the Return Date.

 

8) The Respondents shall have liberty to apply.

Mark Beer

Registrar
Date of Issue: 2 September 2009
At: 3.45pm

 

 


GUIDANCE NOTES
EFFECT OF THIS ORDER

(1) The Respondent who is an individual who is ordered not to do something must not do it himself or in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement

 

(2) The Respondent which is a corporation and which is ordered not to do something must not do it itself or by its directors, officers, employees or agents or in any other way.

 

(3) The Respondents may, with the written consent of the Applicant’s legal representatives, do such acts which would otherwise be a breach of this Order where such acts amount to a variation or a discharge of this Order without the necessity of coming back to the Court.

PARTIES OTHER THAN THE APPLICANT AND THE RESPONDENTS

Effect of this Order:

It is a Contempt of Court for any person or corporation notified of this Order knowingly to assist in or permit a breach of this Order. Any person doing so may be sent to prison, fined or have his/her assets seized. Any corporation doing so may be fined or have its assets seized or its directors may be sent to prison or fined.

NAME AND ADDRESS OF APPLICANT’S LAWYERS

The Applicant’s lawyers are:

Herbert Smith LLP
Dubai International Financial Centre
Gate Village 7 Level 4
P.O. Box 506631
Dubai
United Arab Emirates

Tel: +971 4 428 6300
Fax: +971 4 365 3171

Reference: 3026


SCHEDULE A

The Applicant undertakes to the Court that:

(i) It will pay any damages which (i) one or both of the Respondents, and/or any Limited Partner, sustains; and (ii) which the Court considers the Applicant shall pay.

 

(ii) As soon as practicable the Applicant will serve on the Respondents a copy of this Order together with all accompanying documents in the bundle to the Application Notice dated 2 September 2009.

 

(iii) On Thursday 3 September 2009 the Applicant will issue and serve on the Respondents a Claim Form in the form of the draft produced to the Court.

 

(iv) By Sunday 6 September 2009 the Applicant will file with the Court the original signed First Witness Statement of Abrar Mir dated 2 September 2009.

 

(v) Anyone notified of this Order will be given a copy of it by the Applicant’s legal representatives.

 

(vi) If for any reason this Order ceases to have effect, the Applicant will forthwith take all reasonable steps to inform, in writing, any person or company to whom it has given notice of this Order, or who it has reasonable grounds for supposing may act upon this Order, that it has ceased to have effect.
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