April 24, 2018 court of first instance - Orders
Claim No. CFI-022-2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE H.E. JUSTICE OMAR AL MUHAIRI
BETWEEN
(1) MR VINOD SHARMA
(2) AVALON GLOBAL EDUCATION SERVICES LIMITED (a company)
(3) AVALON HEIGHTS WORLD PRIVATE SCHOOL LLC (a company)
Claimants/Applicants
and
SHEIKH KHALED SAEED RASHID HUMAID AL NUAIMI
Defendant/Respondent
ORDER OF H.E. JUSTICE OMAR AL MUHAIRI
PENAL NOTICE
IF YOU DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE YOUR ASSETS SEIZED.
IF YOU ACTING BY OR THROUGH ANY INDIVIDUAL, DISOBEY THIS ORDER SUCH INDIVIDUAL OR INDIVIDUALS MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED.
ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS THE RESPONDENT TO BREACH THE TERMS OF THIS ORDER MAY ALSO BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED.
UPON the Applicants’ Application No. CFI-022-2018/1 dated 22 April 2018 seeking interim relief in the form of an injunction against the Respondent
AND UPON reading the Affidavit of Vinod Sharma dated 22 April 2018
AND UPON hearing Counsel for the Applicants at an ex parte hearing on 23 April 2018
AND UPON the Applicants offering the undertakings set out in Schedule B to this Order, which undertakings the Court accepted
IT IS HEREBY ORDERED THAT:
1.The Respondent has the right to apply to the Court to vary or discharge the order in accordance with the relevant paragraph below.
2. There will be a further hearing in respect of this Order on 26 April 2018. (the “Return Date”)
3. This Order is effective against the Respondent on whom it is served or who is given notice of it. Any other person who knows of this Order and does anything which helps or permits the Respondent to breach the terms of this Order may also be held in contempt of Court and may be imprisoned, fined or have their assets seized.
ORDER
4. In this Order:
4.1 “Aseel Facility” means the facility granted by Aseel Finance Pvt JSC (“Aseel”) to the Third Applicant under a Facility Agreement dated 26 March 2017 in the terms of a letter referenced xxxx.
4.2 “Post Dated Cheques” refers to the cheques signed by the First Applicant to the benefit of the Respondent, issued on behalf of an account with Emirates NBD and supplied to the Ajman Bank, with the cheque numbers xxx to xxx, xxx to xxx, xxx and xxx inclusive.
4.3 “The Bounced Cheque” refers to the cheque signed by the First Applicant to the benefit of the Respondent, issued on behalf of an account with Emirates NBD and supplied to the Ajman Bank, with the cheque number xxx.
4.4 “The School” refers to a school called Avalon Heights World Private School based at Al Hamidiya 1, Ajman, UAE.
4.5 “1 March Letter” refers to the letter dated 1 March 2018, signed by the Respondent and written in the Arabic language, delivered to the agents, employees and/or representatives of Aseel the same day.
5. The Respondent shall not, until the Return Date or further Order, whether himself or by his agents, employees or representatives or in any other way prevent the Applicants or their employees, representatives or agents from directing, supervising, operating and managing the School in accordance with the Side Agreement and Shareholders’ Agreement agreed between the Second Applicant and the Respondent on 2 July 2015, including:
5.1 Taking any steps to prevent the Applicants or their employees, representatives or agents from entering, departing or otherwise carrying out their day-to-day duties in and around the School or in any way interfering with their carrying out of the said duties; and
5.2 Publishing any statements or notices to the School’s members of staff, its pupils or their families or to any third parties regarding the ownership or operation of the School (save insofar as is required under the laws of the UAE or the Emirate of Ajman).
6. Until the Return Date or further Order, the Respondent shall take such steps as are required under the Side and Shareholders’ Agreement to allow the Applicants to manage and operate the School undisturbed in accordance with the terms of the Side and Shareholders’ Agreements and in particular shall:
6.1 Ensure that the School remains connected to all utilities and especially those provided by the FEWA.
7. The Respondent shall, as soon as reasonably practicable and in any event by no later than midday on 26 April 2018 (being 48 hours after the making of this Order), either by himself or through his agents, employees or representatives:
7.1 Sign and have notarised a Power of Attorney to the benefit of the Applicants in accordance with his obligations under the Side and Shareholders’ Agreements.
7.2 Take such steps as may be necessary to reverse the freezing of the Aseel Facility and the restoration of the Aseel Facility so that it may be used and operated by the Third Applicant as it was before his meeting with the agents, employees and/or representatives of Aseel on 1 March 2018 and/or the delivery of the 1 March Letter.
7.3 Return all the Post Dated Cheques in his possession to the First Applicant.
8. The Applicants have permission to serve this Order and the documents referred to at paragraph 2 of Schedule B of this order on the Respondent by email to test@hotmail.com
EXCEPTIONS TO THIS ORDER
9. This Order may be varied by the parties upon written consent of the Applicants’ legal representatives.
COSTS
10. The costs of this application are reserved to the Judge hearing the application on the Return Date.
VARIATION OR DISCHARGE OF THIS ORDER
11. Anyone served with or notified of this Order may apply to the Court at any time to vary or discharge this Order (or so much of it as affects that person), but they must first inform the Applicants’ legal representatives. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the Applicants’ legal representatives in advance.
INTERPRETATION OF THIS ORDER
12. A Respondent who is an individual who is ordered not to do something must not do it himself or in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement.
PARTIES OTHER THAN THE APPLICANTS AND THE RESPONDENT
13. It is a contempt of court for any person notified of this Order knowingly to assist in or permit a breach of this order. Any person so doing may be imprisoned, fined or have their assets seized.
COMMUNICATIONS WITH THE COURT
14. All communications to the Court about this Order should be sent to:
DIFC Courts’ Registry, Ground Floor, Building 4, Gate District, DIFC, Dubai, UAE
Telephone: +971 4 427 3333
Fax: +971 4 427 3330
Email: registry@difccourts.ae
