March 14, 2022 court of first instance - Orders
Claim No: CFI 004/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
GULF WINGS FZE
Claimant
and
A AND K TRADING LIMITED
Defendant
ORDER OF JUSTICE SIR JEREMY COOKE
PENAL NOTICE
NOTICE: YOU, A AND K TRADING LIMITED, ARE IN CONTEMPT OF COURT.
UPON reviewing the Court File and Bundle of Documents for the hearing
AND UPON reviewing the Freezing Order of Justice Sir Jeremy Cooke dated 14 January 2022 (“14 January Order”)
AND UPON considering the Claimant’s Application Notice dated 26 January 2022
AND UPON considering the affidavit evidence of Oliver Tebbit and Khaldoun Al Ghalayini filed on behalf of the Claimant
AND UPON considering the affidavit evidence of Amna Al Jallaf, Ahmed Abouhashima, Amr Shendy and Bader Alzaabi filed on behalf of the Defendant
AND UPON hearing Counsel for the Claimant in the absence of any representative of the Defendant or of Ahmed Abouhashima or Karim Abou Aly, all of whom had declined to attend the hearing listed on 8 March 2022 despite being notified of the hearing
IT IS HEREBY ORDERED THAT:
1. By reason of A and K Trading Limited, having failed to:
(a) provide convincing reasons for not having complied with the 14 January Order (“14 January Order”); and
(b) comply fully with all the terms of the said 14 January Order by wilfully failing, as a registered director of the Defendant, to prevent the removal of the Embraer EMB-135-BJ Legacy 600 from Dubai;
the Defendant shall within 21 days pay a fine to the Court of US $ 100,000.
2. Payment to the Court shall be affected by bank transfer to the following account:
3. The Defendant shall pay the costs of and/or occasioned by this Application, to be assessed by the Registrar, if not agreed.
Issued by:
Nour Hineidi
Registrar
Date of issue: 11 March 2022
Date of re-issue: 14 March 2022
Time: 4pm
