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CFI 022/2015 (1) Hisham Akram Mohamed Sayed Ahmed (2) Mohamed Akram Mohamed Sayed Ahmed Eid (3) Samia Saad Elshazly (4) Tarek Mohamed Medhat Abdelhady Abdelrahman and (1) Aladdin Hassouna Saba (2) Mohamed Hazem Barakat (also known as Hazem Barakat) (3) Wael Mohamed Sayed El Mahgary v (1) Horwath MAK Limited (DIFC Registered No. 0230) (2) Saad Maniar

CFI 022/2015 (1) Hisham Akram Mohamed Sayed Ahmed (2) Mohamed Akram Mohamed Sayed Ahmed Eid (3) Samia Saad Elshazly (4) Tarek Mohamed Medhat Abdelhady Abdelrahman and (1) Aladdin Hassouna Saba (2) Mohamed Hazem Barakat (also known as Hazem Barakat) (3) Wael Mohamed Sayed El Mahgary v (1) Horwath MAK Limited (DIFC Registered No. 0230) (2) Saad Maniar

June 22, 2016

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Claim No: CFI 022/2015

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BETWEEN

(1) HISHAM AKRAM MOHAMED SAYED AHMED

(2) MOHAMED AKRAM MOHAMED SAYED AHMED EID

(3) SAMIA SAAD ELSHAZLY

(4) TAREK MOHAMED MEDHAT ABDELHADY ABDELRAHMAN

                                                                                          Claimants

and

 

(1) ALADDIN HASSOUNA SABA

(2) MOHAMED HAZEM BARAKAT (ALSO KNOWN AS HAZEM BARAKAT)

(3) WAEL MOHAMED SAYED EL MAHGARY

Defendants

and

 

(1) HORWATH MAK LIMITED (DIFC Registered No. 0230)

(2) SAAD MANIAR

Non Party Respondents


 DISCLOSURE ORDER OF REGISTRAR MARK BEER


UPON reviewing the Claimants’ Application Notice CFI-022-2015/2 dated 8 May 2016 seeking production of certain documents by non-parties (the “Application”)

AND UPON reviewing the First Witness Statement of Adrian Chadwick dated 2 May 2016 in support of the Application and the First Witness Statement of Saad Maniar dated 19 May 2016 in reply to the Application

AND UPON hearing Counsel for the Claimants and Counsel for the Non Party Respondents at on 21 June 2016

IT IS HEREBY ORDERED THAT:

1.Each of the Non Party Respondents shall produce within 7 days to the Claimants’ lawyers, Hadef & Partners LLC, and to the lawyers representing the First and Second Defendants, Amereller Legal Consultants, the following documents or classes of documents relating to Beltone Partners Holding Limited (the “Company”) which are in their possession, custody or control:

(a) Copies of all the documents which were attached to the letter sent by Horwath Mak Limited to the DIFC Registrar of Companies dated 19 January 2011;

(b) All other Directors’ Report, Auditors Report and Audited Financial Statements issued in respect of the Company;

(c) All accounts and financial records of the Company, whether or not audited;

(d) All documents and/or correspondence relating to and/or concerning the identification of the Company’s assets and the distribution of the assets including the proceeds of any sale of the assets;

(e) All documents and/or correspondence concerning or evidencing the Directors’ and/or the Shareholders’ approval of the distribution of the Company’s assets.

2. Each of the Non Party Respondents shall when producing the documents mentioned in paragraph 1 above:

(i) specify the documents or classes of documents which are no longer in their possession, custody or control and shall indicate what has happened to such documents; and

(ii) specify the documents or classes of documents in respect of which he claims a right or duty to withhold production.

3. The Claimants shall pay the Non Party Respondents their costs of the Application and of complying with any order made on the Application, which costs have been immediately assessed at USD 8,000, within 14 days of the date of this Order.

 

Issued by:

Natasha Bakirci

Assistant Registrar

Date of issue: 22 June 2016

At: 3pm

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