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CFI 020/2010 – Order of Justice Sir John Chadwick

CFI 020/2010 – Order of Justice Sir John Chadwick

June 23, 2011

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Claim No: CFI 020/2010

 

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE
 

IN THE MATTER OF

 

RA DR ALFRED WIEDERKEHR
RA DR GEORG WIEDERKEHR
Claimants
and
 
DIWAN CAPITAL LIMITED
Defendent

ORDER OF JUSTICE SIR JOHN CHADWICK MADE ON 23 JUNE 2011

 

UPON hearing Robert-Jan Temmink on behalf of the Claimant

 

AND UPON hearing Kaashif Basit representing the Liquidator of Diwan Capital Limited

 

IT IS ORDERED THAT:

 

1. Stay further proceedings in action CFI 020/2010 save in respect of paragraphs (a) to (f) of the Order made by Justice David Williams on 23 March 2011.

 

2. The Liquidator is to use his best endeavours to file his final report by 4 August 2011; failing the filing of a final report by that date, the Liquidator is to file a further interim report by 4 August 2011 identifying the areas which remain to be investigated.

 

3. Upon receipt of the report (or interim report) to be filed by the Liquidator, the Claimants are to make such request (if any) as they may be advised for the disclosure of documents arising from the report; such request to be made by 18 August 2011.

 

4. The Claimants are to file a proof of debt in the liquidation (if so advised) by 8 September 2011.

 

5. Upon receipt of the Claimants’ proof of debt, the Liquidator is to seek the directions of the Court as to his response to that proof.

 

6. The Claimants are to apply to the Court under Article 47 of the Insolvency Law (DIFC Law No.7 of 2004) for such directions as to the further steps in the liquidation which (as they may be advised) they seek; such application to be made by 8 September 2011.

 

7. The applications for directions referred to in paragraphs (5) and (6) of this Order are to be listed for hearing before Justice Sir John Chadwick in the week commencing 18 September 2011.

 

8. The Liquidator is at liberty to apply for an order under Articles 94 to 96 of the Insolvency Law for an order that the former auditors of Diwan Capital Ltd make such disclosure of the documents in their possession as he may be advised; and may seek a direction that such application be referred to the Court of Appeal under Article 27 of the DIFC Court Law (DIFC Law No.3 of 2004).

 

9. General liberty to apply.

 

10. Costs reserved.

 
Justice Sir John Chadwick
Date of Issue: 18 April 2012
At: 4pm

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