February 03, 2019 court of first instance - Orders
Claim No. CFI 003/2019
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 the Applicant having filed a Part 8 Claim seeking an Interim Freezing Order pursuant to Rules of the DIFC Courts (hereafter “RDC”) Rule 25.24
UPON the Applicant having been heard at a Hearing on 16 January 2019
UPON the issuance of the Interim Freezing Order of H.E. Justice Shamlan Al Sawalehi dated 17 January 2019
UPON the Return Date Hearing being held on 31 January 2019
UPON the attendance of Mr Patrick Dillion Malone of Al Tamimi & Co representing the Applicant, Mr Henry Quinlan of DLA Piper Middle East LLP assisting the Third Respondent and Mr Kristian Cywicki of Dechert LLP representing the Third Notice Party
AND UPON review of the documents included in the Court file
IT IS HEREBY ORDERED:
1. The Interim Freezing Order of H.E. Justice Shamlan Al Sawalehi dated 28 January 2019 shall continue in effect until the Second Return Date of 13 February 2019.
2. Mr Henry Quinlan of DLA Piper Middle East LLP shall inform the DIFC Courts Registry regarding his legal representation of the Third Respondent by no later than 9 February 2019.
3. The Applicant shall re-serve the Third Respondent at its registered business address as listed on the Claim Form.
4. The Applicant shall file an Application for Alternative Service of the First Respondent, supported by evidence, if any, and written submissions not more than 10 pages.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of issue: 3 February 2019
At: 1pm
