Skip to Content

CFI 034/2016 Priya Hiranandani-Vandrevala v Darshan Hiranandani

CFI 034/2016 Priya Hiranandani-Vandrevala v Darshan Hiranandani

February 1, 2017

image_pdfimage_print

Claim No. CFI-034-2016

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE       

BETWEEN

PRIYA HIRANANDANI-VANDREVALA

Applicant

and

DARSHAN HIRANANDANI

Respondent


CONSENT ORDER


UPON further consideration of the Freezing Order and Provision of Information Order made by HE Justice Omar al Muhairi dated 6 October 2016 (the “DIFC Order“) made in the DIFC Proceedings CFI 034-2016 (the “Action”) in support of an arbitral award dated 18 May 2016 (the “Award”) rendered against the Respondent and another

AND UPON the Order of the Bombay High Court of 13 and 14 October 2016 (the “Bombay Order”) to admit a challenge under section 34 of the Arbitration and Conciliation Act 1996 on condition that the sum of INR 370 crores plus a INR 149.50 crores bank guarantee (together, the “Deposit”) was paid into Court by way of security

AND UPON the Respondent having given disclosure of his assets and offered undertakings on behalf of himself and others (the “Others”) in respect of certain other assets by an Affidavit dated 17 October 2016 (the “Affidavit”)

AND UPON the Applicant’s Application dated 20 October 2016 to continue the DIFC Order (the “Continuation Application”)

AND UPON the Respondent’s cross-application dated 7 November 2016 to discharge the DIFC Order on the grounds that the DIFC Courts did not have jurisdiction to grant the DIFC Order and/or should not have exercised its jurisdiction to grant the DIFC Order (the “Cross-Application“)

AND UPON the Respondent and another having on 17 November 2016 paid the Deposit into the Bombay High Court in accordance with the Bombay Order

AND UPON the Applicant’s application dated 30 November 2016 for a release from the Undertaking to begin enforcement proceedings in the DIFC Courts contained in paragraph 2 of Schedule A to the DIFC Order (the “Undertaking“) and for the discharge of the DIFC Order (the “Application for Release and Discharge“)

IT IS HEREBY ORDERED BY CONSENT THAT:

1. The DIFC Order be discharged.

2.The Applicant be released from the Undertaking.

3.The Respondent and the Others be released from the undertakings given in the Affidavit.

4. All further proceedings be stayed upon the terms set out in this Order, except for the purpose of carrying those terms into effect.

5.The Applicant:

5.1 shall treat any information disclosed in the Affidavit and/or the First Witness Statement of Darshan Hiranandani dated 8 December 2016 as confidential as between the Applicant and the Respondent, and shall not disclose the information to any third party unless:

5.1.1 with the prior written consent of the Respondent;

5.1.2 by further order or with the permission of the DIFC Courts;

5.1.3 for the purposes of enforcing the Award; or

5.1.4 if compelled to do so by law or order of any Court.

5.2 shall pay the Respondent the sum of USD 50,000 within 21 days of the date of the Order.

6. The Applicant shall forthwith take all reasonable steps to inform in writing all those to whom she has given notice of the DIFC Order that it has ceased to have effect, namely:

6.1 Hircon International LLC;

6.2 Hircorp Vacation Homes Rental;

6.3 Hircorp Trading LLC;

6.4 H-Energy Mideast DMCC; and

6.5 H-Energy Global Ltd.

7. The Applicant shall forthwith procure that Perfect Relations take all reasonable steps to inform in writing any parties contacted by it in order to publicise the existence of the DIFC Order that it has ceased to have effect.

8. The parties hereby agree to the above terms in full and final settlement of all claims and disputes of any kind made in or arising out of or relating to the Action, the DIFC Order, or any of the Continuation Action, the Cross-Application and/or the Application for Release and Discharge (together the “Applications”) including any claims in respect of either party’s costs in the same.  The parties further agree not to cause or procure that any third party shall sue any other party in respect of the Action, the DIFC Order or any of the Applications and/or otherwise not to encourage or assist any third party in doing the same.  For the avoidance of doubt, nothing in this Order shall affect (i) the rights of the Applicant in relation to the enforcement of the Award or in seeking the permission of the DIFC Courts under paragraph 5 of this Order; or (ii) the rights of the Parties in relation to the enforcement of this Order.

 

Issued by:

Natasha Bakirci

Assistant Registrar

Date of issue: 1 February 2017

At: 9am

X

Privacy Policy

The Dubai International Financial Centre and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.

Dubai International Financial Centre and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.

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

Disclaimer

The content of the DIFC Courts website is provided for information purposes only and should be disregarded when making decisions on inheritance and any other matters. Whilst every reasonable effort is made to make the information and commentary accurate and up to date, the DIFC Courts makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on this website, which is subject to change at any time without notice. The information and commentary does not, and is not intended to, constitute legal advice by the DIFC Courts or any person employed or connected with it or formerly so employed or connected, to any person on any matter, be it in relation to inheritance, succession planning or otherwise. You are strongly advised to obtain specific, personal advice from a suitably qualified lawyer in relation to your personal circumstances and your objectives. The DIFC Courts does not assume any liability and shall not be liable to you for any damages, including but not limited to, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website, its administration and any content or lack thereof found on it. The information on this web site is not to be displayed except in full screen format. Although care has been taken to provide links to suitable material from this site, no guarantee can be given about the suitability, completeness or accuracy of any of the material that this site may be linked to or other material on the internet. The DIFC Courts cannot accept any responsibility for the content of material that may be encountered therein.