November 19, 2020 Arbitration - Orders
Claim No. ARB 027/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
LUDHYAN
Claimant
and
LUCINA
Defendant
ORDER OF H.E. JUSTICE SHAMLAN AL SAWALEHI
NOTICE: YOU, LUCINA AND LAYANK ARE IN CONTEMPT OF COURT. IF YOU DO NOT OBEY THIS ORDER, YOU MAY BE FINED, HAVE YOUR ASSETS FROZEN OR COMMITTED TO PRISON.
ORDER
This is a Committal Order made against (1) Lucina (the “Defendant”) and (2) Mr Layank of the Defendant on the application of Ludhyan (‘the “Applicant’). The Judge read the Affidavits listed in Schedule A and accepted the undertakings set out in Schedule B of this Order.
This order was made at a hearing before HE Justice Shamlan Al Sawalehi on 18 November 2020.
IT IS HEREBY ORDERED THAT:
(1) Lucina and Mr Layank of the Defendant shall both be referred to the Attorney General of Dubai for his review and consideration of committal and contempt of Court, as permitted by Rule 52.37(1) of the Rules of the DIFC Courts.
(2) This Committal Order shall be suspended if:
(a) Mr. Layank
(i) attends Court on or before [29] November 2020;
(ii) provides convincing reasons for why the Defendant has not complied with the Orders of this Court dated 13 October 2020, 21 October 2020 and 8th November 2020; and
(iii) answers on oath such questions as the Court may require; and
(b) The Defendant complies with the Orders of this Court dated 13 October 2020, 26 October 2020 and 8 November 2020.
(3) The costs of and occasioned by the hearing of 18 November 2020 are summarily assessed at AED 158,528.89 and shall be paid by the Defendant to the Applicant forthwith.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 19 November 2020
At: 3.45pm
SCHEDULE A
AFFIDAVITS
The Applicant relied on the following affidavits—
(1) Affidavit of Lien dated 12 November 2020;
(2) Affidavit of Liendated 27 October 2020;
(3) Affidavit of Lisasdated 21 October 2020;
(4) Affidavit of Lisasdated 20 October 2020;
(5) Affidavit of Lisasdated 11 October 2020;
(6) Affidavit of Liendated 6 October 2020;
(7) Affidavit of Service of Liendated 7 October 2020;
(8) Affidavit of Service of Larendated 7 October 2020;
(9) Affidavit of LitraWatkins dated 27 September 2020; and
(10) Affidavit of Litradated 30 September 2020.
SCHEDULE B
UNDERTAKINGS GIVEN TO THE COURT BY THE APPLICANT
(1) If this order ceases to have effect the Applicant 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.
(2) The Applicant 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 this claim.
(3) The Claimant shall file by 12 noon on 19th November 2020 a further affidavit confirming that Dubai Court case No. in the Dubai courts had not, as at the time of the hearing, been discontinued by the Defendant/Respondent.
