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CFI 009/2018 Patrick John Obenario vs Gramercy Sports Bar & Club LLC

CFI 009/2018 Patrick John Obenario vs Gramercy Sports Bar & Club LLC

August 12, 2018

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Claim No: CFI-009-2018

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

IN THE MATTER OF GRAMERCY SPORTS BAR & CLUB LLC

BETWEEN

Patrick John Obenario

Claimant

and

Gramercy Sports Bar & Club LLC

Defendant


ORDER OF ASSISTANT REGISTRAR AYESHA BIN KALBAN


UPON the Order of H.E. Justice Shamlan Al Sawalehi dated 13 March 2018 ordering the winding up of the Defendant and appointing Mr Shahab Haider of Sajjad Haider Chartered Accountants LLP as the Liquidator of the Defendant

AND UPON the request made by the Liquidator seeking a Court order for the appointment of Emirates Auction to have conduct of the sale of assets belonging to the Defendant

IT IS HEREBY ORDERED THAT:

1. The Court has appointed the surveyor “Emirates Auctions”, to have conduct of the sale.

2. Emirates Auctions or their representatives shall have the right to enter the Judgment Debtor’s premises and collect the seized assets. Emirates Auctions may remove the assets from the premises if necessary.

3. Emirates Auctions shall hold an auction and sell the seized goods by no later than 4 pm on Sunday, 19 August 2019 or such other date set by the Court.

4. Emirates Auctions should, by no later than 4 pm on Sunday, 26 August 2018, transfer the proceeds of the sale to the DIFC Courts escrow account at HSBC Middle East Bank Limited, account number 020 532495-001 and swift code BBME 020 532495-001 (Dubai International Financial Centre Judicial Authority).

5. The DIFC Courts shall first apply the proceeds of the sale to:

a. Pay the costs and expenses of effecting the sale; and

b. Pay the balance (if any) to the Liquidator.

6. Either party may apply to the Court by no later than 10 am on Tuesday, 14 August 2018 to vary any of the terms of this order, for further directions about the sale, or otherwise.

 

Issued by:

Ayesha Bin Kalban

Assistant Registrar

Date of issue: 12 August 2018

At: 4pm

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