August 12, 2018 court of first instance - Orders
Claim No: CFI-009-2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
IN THE MATTER OF GRAMERCY SPORTS BAR & CLUB LLC
BETWEEN
Patrick John Obenario
and
Gramercy Sports Bar & Club LLC
ORDER OF ASSISTANT REGISTRAR AYESHA BIN KALBAN
UPON the Order of H.E. Justice Shamlan Al Sawalehi dated 13 March 2018 ordering the winding up of the Defendant and appointing Mr Shahab Haider of Sajjad Haider Chartered Accountants LLP as the Liquidator of the Defendant
AND UPON the request made by the Liquidator seeking a Court order for the appointment of Emirates Auction to have conduct of the sale of assets belonging to the Defendant
IT IS HEREBY ORDERED THAT:
1. The Court has appointed the surveyor “Emirates Auctions”, to have conduct of the sale.
2. Emirates Auctions or their representatives shall have the right to enter the Judgment Debtor’s premises and collect the seized assets. Emirates Auctions may remove the assets from the premises if necessary.
3. Emirates Auctions shall hold an auction and sell the seized goods by no later than 4 pm on Sunday, 19 August 2019 or such other date set by the Court.
4. Emirates Auctions should, by no later than 4 pm on Sunday, 26 August 2018, transfer the proceeds of the sale to the DIFC Courts escrow account at HSBC Middle East Bank Limited, account number 020 532495-001 and swift code BBME 020 532495-001 (Dubai International Financial Centre Judicial Authority).
5. The DIFC Courts shall first apply the proceeds of the sale to:
a. Pay the costs and expenses of effecting the sale; and
b. Pay the balance (if any) to the Liquidator.
6. Either party may apply to the Court by no later than 10 am on Tuesday, 14 August 2018 to vary any of the terms of this order, for further directions about the sale, or otherwise.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of issue: 12 August 2018
At: 4pm
