November 16, 2021 court of first instance - Orders
Claim No. CFI 045/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
(1) EMIRATES NBD BANK PJSC
(2) HSBC BANK MIDDLE EAST LIMITED
(3) ICICI BANK LIMITED, BAHRAIN LIMITED
(4) ICICI BANK UK PLC
(5) UNION BANK OF INDIA
(6) BANK OF JORDAN COMPANY
(7) NATIONAL BANK OF BAHRAIN BSC
(8) AHLI UNITED BANK BSC (DIFC BRANCH)
(9) COMMERCIAL BANK OF DUBAI PSC
(10) WARBA BANK KSCP
(1) KBBO CPG INVESTMENT LLC
(2) MR KHALEEFA BUTTI BIN OMAIR YOUSIF ALMUHARI
(3) HIS EXCELLENCY SAEED MOHAMED BUTTI MOHAMED ALQEBAISI
(4) INFINITE INVESTMENT LLC
(5) GROUP OF FATHIMA CO LLC
(6) FATHIMA SUPERMARKET LLC (SHARJAH)
(7) FATHIMA SUPERMARKET WLL (ABU DHABI)
(8) FATHIMA TRADING & SUPERMARKET COMPANY WLL
(9) FAIRWAY GENERAL TRADING
(10) FAIRWAY CATERING SERVICES LLC (DUBAI)
(11) FAIRWAY CATERING SERVICES LLC (ABU DHABI)
(12) FATIMA GENERAL MARKET LLC
(13) TELE LINK COMMUNICATION LLC
(14) ONE PREPAY COMPANY LLC
(15) TECHLINK SYSTEMS LLC
(16) FRESHLY FROZEN FOODS FACTORY LLC
(17) SENORA FOODS LLC
(18) SPECTRAMI DMCC
(19) ONE PREPAY COMPANY LLC (KSA BRANCH)
AMENDED FREEZING ORDER OF JUSTICE SIR JEREMY COOKE
IF YOU KBBO CPG INVESTMENT LLC, INFINITE INVESTMENT LLC, GROUP OF FATHIMA CO LLC, FATHIMA SUPERMARKET LLC (SHARJAH), FATHIMA SUPERMARKET WLL (ABU DHABI), FATHIMA TRADING & SUPERMARKET COMPANY WLL, FAIRWAY GENERAL TRADING, FAIRWAY CATERING SERVICES LLC (DUBAI), FAIRWAY CATERING SERVICES LLC (ABU DHABI), FATIMA GENERAL MARKET LLC, TELE LINK COMMUNICATION LLC, ONE PREPAY COMPANY LLC, TECHLINK SYSTEMS LLC, FRESHLY FROZEN FOODS FACTORY LLC, SENORA FOODS LLC, SPECTRAMI DMCC OR ONE PREPAY COMPANY LLC (KINGDOM OF SAUDI ARABIA BRANCH) DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND YOUR DIRECTORS MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED OR THE COMPANY MAY BE FINED OR HAVE ITS ASSETS SEIZED.
IF YOU MR KHALEEFA BUTTI BIN OMAIR YOUSIF ALMUHAIRI DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND YOU MAY BE IMPRISONED, FINED OR HAVE YOUR ASSETS SEIZED.
ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS THE RESPONDENT TO BREACH THE TERMS OF THIS ORDER MAY ALSO BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED.
1. This is an Order made against KBBO CPG Investment LLC (the “First Respondent”), Mr Khaleefa Butti Bin Omair Yousif Almuhairi (the “Second Respondent’’), and the companies listed in the heading to this Order as the Fourth, Thirteenth, Fourteenth, Sixteenth and Seventeenth Defendants (together, the ‘‘Respondents”) on the application of the Claimants (the “Applicants’’).
2. The Judge read the Affidavits listed in Schedule B and accepted the undertakings set out in Schedule C at the end of this Order.
3. Unless otherwise stated:
(a) references in this Order to the “Respondent” mean all of them;
(b) the “15 May Order” means the Order of Justice Sir Jeremy Cooke dated 15 May 2020;
(c) the “21 May Order” means the Order of Justice Sir Jeremy Cooke dated 21 May 2020;
(d) the “1 June Order” means the Order of Justice Sir Jeremy Cooke dated 1 June 2020; and
(e) this Order is effective against any Respondent on whom it is served or who is given notice of it.
4. Until satisfaction of the 28 October Order or further Order, each Respondent must not:
(a) remove from the UAE any of his assets which are in the UAE up to the value of USD 317,920,897.93; or
(b) in any way dispose of, deal with or diminish the value of any of his assets whether they are within or outside the UAE up to the same value.
5. Paragraph 4 applies to all the Respondent’s assets whether or not they are in his own name and whether they are solely or jointly owned. For the purpose of this Order the Respondent’s assets include any asset which he has the power, directly or indirectly, to dispose of or deal with as if it were his own. The Respondent is to be regarded as having such power if a third party holds or controls the asset in accordance with its direct or indirect instructions.
6. The prohibition in paragraph 4 includes in particular, the assets referred to in Schedule D of this Order.
7. If the total value free of charges or other securities (“Unencumbered Value”) of a Respondent’s assets in the UAE exceeds USD 317,920,897.93, that Respondent may remove any of those assets from the UAE or may dispose of or deal with them so long as the total Unencumbered Value of that Respondent’s assets still in the UAE remains above USD 317,920,897.93.
8. If the total Unencumbered Value of a Respondent’s assets in the UAE does not exceed USD 317,920,897.93, that Respondent must not remove any of those assets from the UAE and must not dispose of or deal with any of them. If a Respondent has other assets outside the UAE, he may dispose of or deal with those assets outside the UAE so long as the total Unencumbered Value of all his assets whether inside or outside the UAE remains above USD 317,920,897.93.
NO EFFECT ON EXISTING INJUNCTIONS
9. For the avoidance of doubt, this Order does not affect the existing Orders made in this case referred to in paragraph 3 above which continue against the Fifth, Sixth, Seventh, Eighth, Tenth, Eleventh, Twelfth, Fifteenth and Nineteenth Defendants. The Orders referred to in paragraph 3 continue against the Respondents subject to the variations made by this Order including the variation to the amount frozen and the limitation on the Exceptions to this Order which are confined to those set out in paragraph 10 below.
EXCEPTIONS TO THIS ORDER
10. Save with respect to the Funds (as defined in the 1 June Order), this Order does not prohibit the Second Respondent from spending USD 7,000 per week towards their ordinary living expenses.
(a) Save with respect to the Funds (as defined in the 1 June Order), this Order does not prohibit the Fourth, Thirteenth, Fourteenth, Sixteenth and Seventeenth Respondents (hereafter the “Restructuring Respondents”) from undertaking transactions which fall under one or more of the categories set out in Schedule A to this Order provided that such transactions are not with any related party being any Respondent in these proceedings or any entity beneficially owned by the Second or Third Respondents, other than between the Restructuring Respondents.
11. Save with respect to the Funds (as defined in the 1 June Order), which are subject to the injunction imposed by paragraph 6 of 1 June Order, this Order does not prohibit the Respondents from spending a reasonable sum on legal advice and representation, provided that such legal advice and representation is confined solely to:
(a) proceedings relating to the enforcement of the Orders made in these proceedings against the Respondents; and
(b) the claims against the Respondents in these proceedings in respect of which the Court has not entered immediate judgment.
12. Before spending any money under paragraph 11 above the Respondents must tell the Applicants’ legal representatives where the money is to come from.
13. The Order will cease to have effect if the Respondents or one or more of them together pay the Claimants USD 317,920,897.93 in accordance with the 28 October 2021 Order made by Justice Sir Jeremy Cooke granting the Claimants immediate judgment
VARIATION OR DISCHARGE OF THIS ORDER
14. Anyone served with or notified of this Order may apply to the Court at any time to vary or discharge this Order (or so much of it as affects that person), but they must first inform the Applicants’ legal representatives. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the Applicants’ legal representatives in advance.
INTERPRETATION OF THIS ORDER
15. A Respondent who is an individual who is ordered not to do something must not do it himself or in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement.
16. A Respondent which is not an individual which is ordered not to do something must not do it itself or by its directors, officers, partners, employees or agents or in any other way.
PARTIES OTHER THAN THE APPLICANTS AND RESPONDENTS
Effect of this Order
17. It is a contempt of court for any person notified of this Order knowingly to assist in or permit a breach of this Order. Any person doing so may be imprisoned, fined or have their assets seized.
Set off by banks
18. This injunction does not prevent any bank from exercising any right of set off it may have in respect of any facility which it gave to the Respondents before it was notified of this Order.
Withdrawals by the Respondents
19. No bank need enquire as to the application or proposed application of any money withdrawn by the Respondents if the withdrawal appears to be permitted by this Order.
Third parties outside Dubai
20. Save as set out in paragraphs 21 and 22 below, this Order will not affect any person other than the Respondent situated outside Dubai until and to the extent that the Order has been declared enforceable by or is enforced by the courts of the place where that person is situated.
21. This Order will affect the following persons situated outside Dubai:
(a) the Respondent or its officer or agent appointed by power of attorney;
(b) any person who:
(i) is subject to the jurisdiction of this Court;
(ii) has been given written notice of this Order at his residence or place of business within Dubai; and
(iii) is able to prevent acts of omissions outside Dubai which constitute or assist in a breach of the terms of this Order.
22. In respect of assets located outside Dubai, nothing in this Order shall prevent any third party from complying with:
(a) what it reasonably believes to be its obligations, contractual or otherwise, under the laws and obligations of the country or state in which those assets are situated or under the proper law of any contract between itself and the Respondent; and
(b) any orders of the courts of that country or state, provided that reasonable notice of any application for such an order is given to the Applicants’ legal representatives.
Date of issue: 28 October 2021
Date of re-issue: 16 November 2021
1. Payroll (including commissions costs).
2. Supplier payments.
3. Operating costs that are reasonably and necessarily required to be incurred (including utilities).
5. Bank fees and charges.
6. Legal and professional services fees.
7. Other costs incurred by the Restructuring Respondents under the direction of the Trustees necessary to facilitate the restructuring.
The Applicant relied on the following affidavits:
|David Sanders||1st||13 May 2020||Applicants|
|Mohamed Fayad||1st||13 May 2020||Applicants|
|Tarek Alazem||1st||13 May 2020||Applicants|
|Robin Hickman||1st||14 May 2020||Applicants|
UNDERTAKINGS GIVEN TO THE COURT BY THE APPLICANTS
1. If the Court later finds that this Order has caused loss to the Respondents and decides that the Respondents should be compensated for that loss, the Applicants will comply with any order the Court may make.
2. The Applicants will serve this Order upon the Respondents as soon as practicable:
3. Anyone notified of this Order will be given a copy of it by the Applicants’ legal representatives.
4. The Applicants will pay the reasonable costs of anyone other than the Respondents which have been incurred as a result of this Order including the costs of finding out whether that person holds any of the Respondents’ assets and if the Court later finds that this Order has caused such person loss, and decides that such person should be compensated for that loss, the Applicants will comply with any order the Court may make.
5. If this Order ceases to have effect (for example, if the Respondents pay USD 317,920,897.93) the Applicants will immediately take all reasonable steps to inform in writing anyone to whom he has given notice of this Order, or who he has reasonable grounds for supposing may act upon this Order, that it has ceased to have effect.
6. The Applicants will not without the permission of the Court use any information obtained as a result of this Order for the purpose of any civil or criminal proceedings, either in the DIFC or in any other jurisdiction, other than for
(a) this claim; or
(b) commencing or pursuing civil proceedings for the enforcement of this Order or in support of these proceedings in the Dubai Courts.
7. The Applicants will not without the permission of the Court seek to enforce this Order in any country outside the UAE.
THE RESPONDENTS’ ASSETS
1. In respect of the First Respondent:
(a) The bank account with HSBC Middle East Limited with account number 012081543001; and
(b) Shares or interests in KBBO Technology Ventures LLC, Centurion Partners Investment, any company within the Freshly Frozen Group, One Prepay LLC, Tele Link Centurion Partners Investment.
2. In respect of the Second Respondent:
(a) Shares or interests in KBBO General Trading sole proprietorship LLC, the First Respondent, the Fourth Respondent, Fresh Foods Group Sole Proprietorship LLC; UAE Exchange; Travelex.
3. In respect of the Thirteenth Respondent:
(a) The bank account with Al Masraf Arab Bank for Investment & Foreign Trade with account number 1000410918.
4. In respect of the Fourteenth Respondent:
(a) The bank account with Abu Dhabi Commercial Bank PJSC with account number XXXX;
(b) The bank account with Al Masraf Arab Bank for Investment & Foreign Trade with account number XXXX;
(c) The bank account with Arab Bank PLC with account number XXXX;
(d) The bank account with Dubai Islamic Bank PJSC with account number XXXX;
(e) The bank account with First Abu Dhabi Bank PJSC with account number XXXX;
(f) The bank account with National Bank of Umm Al Quwain PSC with account number XXXX;
(g) The bank account with United Bank Limited with account number XXXX;
5. In respect of the Sixteenth Respondent:
(a) The bank account with Standard Chartered Bank with account number XXXX.
NAME AND ADDRESS OF APPLICANTS’ LEGAL REPRESENTATIVES
6. The Applicants’ legal representatives are:
Addleshaw Goddard (Middle East) LLP, Level 6, Burj Daman Tower, Dubai International Financial Centre, PO Box 506555, Dubai, United Arab Emirates.
Telephone: +971 4 350 6402 / +971 52 273 4846
Mobile: +971 4 350 6402 / +971 50 465 4755
Email: email@example.com / firstname.lastname@example.org / email@example.com
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