December 20, 2020 court of first instance - Orders
Claim No. CFI 003/2019
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Applicant
and
(1) WINTERCAP SA
(2) SHAMAL INTERNATIONAL FZE
(3) WB21 DMCC
Respondents
and
(1) PROMETHEUS CAPITAL FINANCE LIMITED,
(2) NOOR BANK
(3) EMIRATES NBD
Notice Parties
ORDER OF H.E JUSTICE SHAMLAN AL SAWALEHI
UPON reviewing the First Notice Party’s Application No. CFI-003-2019 dated 25 November 2020 seeking a dispense with service for the Application Notice seeking variation of the Continuing Freezing Order of H.E. Justice Shamlan Al Sawalehi dated March 4, 2019 (the “Continuing Freezing Order”).
UPON reviewing the submissions and supporting evidence of the First Notice Party filed together with the Application on November 25, 2020.
UPON the Claimant and the First Notice Party having agreed to seek to dispense with service for the Application Notice in respect of the variation of the Continuing Freezing Order and so as to permit the First Notice Party to proceed with obtaining the Consent Order as filed with the DIFC Court on October 13, 2020, along with all costs incurred till date towards the Application Notice dated October 13, 2020; the service cost and this Application Notice seeking to dispense with service.
AND UPON reading the documents recorded on the Court file as having been read
IT IS HEREBY ORDERED THAT:
1. Under DIFC Court rules (RDC 9.35), Prometheus Capital Finance Limited DIFC, is hereby dispensed with service without notice to all the parties in the matter plus the costs of AED 4,024.80 incurred till date of this Order be paid.
2. The costs in respect of this Application be allowed.
Issued by:
Amna Al Owais
Chief Registrar
Date of issue: 20 December 2020
At: 1pm
