Skip to Content

CFI 008/2015 Bocimar International N.V. v Emirates Trading Agency LLC

CFI 008/2015 Bocimar International N.V. v Emirates Trading Agency LLC

October 6, 2016

image_pdfimage_print

Claim No: CFI 008/2015

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BETWEEN

BOCIMAR INTERNATIONAL N.V.

                                                Claimant/Judgment Creditor

and

EMIRATES TRADING AGENCY LLC

Defendant/Judgment Debtor


  ORDER OF REGISTRAR MARK BEER


NOTICE: YOU, BARTHOLOMEW KAMYA, MUST OBEY THIS ORDER. IF YOU DO NOT, YOU MAY BE FINED OR COMMITTED TO PRISON FOR CONTEMPT OF COURT

UPON the debt owed by the Judgment Debtor to the Judgment Creditor (the “Judgment Debt”) pursuant to:

(i) The Orders made on 17 July 2014 by the High Court of England and Wales pursuant to Section 66 of the Arbitration Act (respectively, the “First Order” and the “Second Order” as more particularly described in the Claim Form issued on 30 March 2015);

(ii) The Consent Order in the DIFC Court of First Instance dated 26 January 2016; and

(iii) The Judgment of Justice Sir John Chadwick dated 28 January 2016

AND UPON reviewing the Judgment Creditor’s Application dated 2 June 2016 (the “Part 50 Application”) seeking an Order that the following individuals attend Court to provide information pursuant to Part 50 of the Rules of the DIFC Courts (“RDC”):

(1) Dani Baroudi, Licensed Manager of the Judgment Debtor;

(2) Bartholomew Kamya, Authorised Representative of the Judgment Debtor;

(3) Rashid Abdulla Ahmad Al Ghurair, Chairman of ETA Ascon Holding LLC, the 100% shareholder of the Judgment Debtor;

(4) Abdulaziz Abdullah Al Ghurair, Managing Director of ETA Ascon Holding LLC; and

(5) Ibrahim Abdullah Ahmad Al Ghurair, Licensed Manager of ETA Ascon Holding LLC,

AND UPON the Judgment Creditor’s request in the Part 50 Application for the Judgment Debtor to produce the documents outlined in Schedule A to this Order (the “Requested Documents”) in connection with the Judgment Debt

AND UPON the Order of the Court dated 27 September 2016 permitting service by alternative methods

AND UPON considering the correspondence between the parties

IT IS HEREBY ORDERED THAT:

1.The Judgment Debtor shall disclose to the Judgment Creditor the Requested Documents set out in Schedule A to this Order within 14 days of being served with this Order and in any event by no later than 2pm on Sunday 6 November 2016.

2. Mr Bartholomew Kamya shall attend the DIFC Courts at 2pm on Tuesday 8 November 2016 to answer on oath such questions as the Court may require.

3. The Requested Documents shall be provided to Gateley UK LLP (DMCC Branch).

4. Liberty to apply.

5. Costs shall be determined at the hearing.

Issued by:

Mark Beer

Registrar

Date of issue: 6 October 2016

At: 4pm


SCHEDULE A

(1) Documents demonstrating the means and financial status of the Judgment Debtor and ETA Ascon Holding LLC, including ownership of assets, real property, shares in other companies, bank accounts, debtors and any other documentation to enable the Judgment Creditor in recovering the Judgment Debt;

(2) Three years audited financial statements of the Judgment Debtor and ETA Ascon Holding LLC;

(3) Three years bank statements of all bank accounts held or controlled by the Judgment Debtor;

(4) Financial statements of ETA Ascon Holding LLC; and

(5) Statements showing all profits, dividends or proceeds of sale received by or payable to the Judgment Debtor by the following subsidiaries of the Judgment Debtor:

a. ETA Engineering Private Limited, Chennai India (23.82% direct ownership and 84.95% through ownership of Electromechanical Technical Associates);

b. Electromechanical Technical Associates Limited, Mauritius (76% owned); and

c. Port Louis Management Services (76% owned).

X

Privacy Policy

The Dispute Resolution Authority and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.

Dispute Resolution Authority and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.

  1. DRA'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 DRA in order to mitigate risks to an acceptable level, and to maximize opportunities in order to achieve its information security objectives.
  3. DRA and all its affiliates shall adopt a systematic approach to risk assessment and risk treatment.
  4. DRA is committed to provide information security awareness among team members and evaluate the competency of all its employees.
  5. DRA and all its affiliates shall protect personal information held by them in all its form.
  6. DRA and all its affiliates shall comply with all regulatory, legal and contractual requirements.
  7. DRA 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. DRA’s Top Management is committed towards continual improvement in information security in all our processes through regular review of our information security management system.