DIFC Courts

CFI 019/2013 (1) Roberto's Club LLC (2) Emain Kadrie (1) Mustafa Turgul (2) Andrea Mugavero v Paolo Roberto Rella

June 16, 2015 court of first instance - Orders,Orders

Claim No: CFI-019-2013

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT FIRST INSTANCE

BEFORE H.E. JUSTICE OMAR AL MUHAIRI

BETWEEN

(1) ROBERTO’S CLUB LLC

(2) EMAIN KADRIE

Claimants

(1) MUSTAFA TURGUL

(2) ANDREA MUGAVERO

                                                                  Part 45.7 Applicants

and

PAOLO ROBERTO RELLA

Defendant

 AMENDED ORDER OF H.E JUSTICE OMAR AL MUHAIRI

UPON reviewing the Claimants’ and Part 45.7 Applicants’ Application Notice CFI-019-2013/11 dated 26 April 2015 seeking an Order to enforce the Judgment of Deputy Chief Justice Sir John Chadwick dated 29 October 2014 and the Judgment Order dated 10 November 2015

AND UPON reviewing the Defendant’s Application CFI-019-2013/12 dated 26 April 2015 seeking a stay of the Judgment of Deputy Chief Justice Sir John Chadwick dated 29 October 2014 and the Judgment Order dated 10 November 2015

AND UPON the Judgment of the Deputy Chief Justice Sir John Chadwick dated 29 October 2014 and the Order of the Deputy Chief Justice Sir John Chadwick dated 10 November 2014

AND UPON reviewing the Fourth Witness Statement of Emain Kadrie, the Second Witness Statement of Mustafa Turgul, and the Second Witness Statement of Mr Andrea Mugavero

AND UPON hearing Counsel for the Claimants and Counsel for the Defendant at the hearing on 2 June 2015

IT IS HEREBY ORDERED THAT:

  1. The Judgment dated 24 October 2014 and the Judgment Order dated 10 November 2014 both of the Deputy Chief Justice Sir John Chadwick shall be enforced as below.

  2. The legal interest in 600 shares in the First Claimant held by the Defendant shall vest in and be transferred to the beneficial owners of those shares from the date of this Order, without any further action required from the Defendant, as follows:

(a)  340 shares shall vest in the Second Claimant as the legal and beneficial owner of those shares;

(b)  120 shares shall vest in Mustafa Turgul as the legal and beneficial owner of those shares;

(c)  140 shares shall vest in Andrea Mugavero as the legal and beneficial owner of those shares;

  1. The Order of the Deputy Chief Justice Sir John Chadwick dated 18 October 2013 (issued on 31 December 2013) is discharged with immediate effect.

  2. The Defendant’s Application to stay is dismissed.

  3. The Defendant shall pay to the Second Claimant, and the Part 45.7 Applicants their costs of both applications on the standard basis, to be assessed by the Registrar if not agreed.

 

Issued by:

Natasha Bakirci

Assistant Registrar

Date of re-issue: 16 June 2015

At: 10 am