Claim No: CFI 008/2015
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BOCIMAR INTERNATIONAL N.V.
EMIRATES TRADING AGENCY LLC
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.
Date of issue: 6 October 2016
(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).
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