July 08, 2009 court of first instance - Orders,Orders
Claim No: CFI 011/2009
THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE
IN THE COURT OF FIRST INSTANCE
BETWEEN
| AMARJEET SINGH DHIR | Applicant |
| andWATERFRONT PROPERTY INVESTMENT LIMITED | First Respondent |
| andLINARUS FZE | Second Respondent |
ORDER
Before the Honourable Deputy Chief Justice Michael Hwang
UPON the application of the Applicant Amarjeet Singh Dhir for the continuation of a stay of the Order of Court dated 11 June 2009 pending the outcome of the appeal;
UPON the application of the Applicant Amarjeet Singh Dhir made on 15 June 2009 for permission to appeal;
UPON reading the affidavits on the court file and reviewing the evidence and proceedings to date; and
UPON considering the oral and written submissions of Counsel for the Applicant and Counsel for the Respondents:
IT IS ORDERED THAT:
1. The stay on the Order of Court dated 11 June 2009 is discharged with immediate effect.
Reasons
The Court is not satisfied that the Applicant has adduced sufficient evidence to show a real risk of dissipation of assets justifying a stay pending appeal.
2. The Applicant's application for permission to appeal is granted.
Reasons pursuant to Rule 44.14 of the Rules of Court
The case involves important and fundamental issues on jurisdiction which should be finally decided by the Court of Appeal. This constitutes a compelling reason why the appeal should be heard by the Court of Appeal under Rule 44.8 of the Rules of Court.
3. The costs of this application are reserved to the Court of Appeal.
Amna Alowais
Date of Issue: 8 July 2009
At: 11am
