Claim No. CFI 023/2009
IN THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE
IN THE COURT OF FIRST INSTANCE
BETWEEN:
KHURAM HUSSAIN |
Claimant |
and HUSSAIN SALEH FARID AL-AWLAQI ANDREW TAMPLIN CLOUT |
Defendants/Petitioners |
ZIAD NAIM BAYA'A |
Defendant |
ORDER
UPON hearing Counsel for Khuram Hussain ("Mr Hussain"), Mr Hussain Saleh Farid Al-Awlaqi ("Mr Al-Awlaqi"), Mr Andrew Tamplin Clout ("Mr Clout") and Mr Ziad Nairn Baya'a ("Mr Baya'a"), and upon hearing Counsel for the DFSA (who appeared at the request of the Court to offer assistance) on 13th and 14th January 2010
AND UPON reading the evidence
IT IS ORDERED THAT:
1. Shahab Haider is hereby appointed as Provisional Liquidator of Tabarak Partners LLP ("LLP") with immediate effect.
2. The Court directs the Provisional Liquidator to prepare and file with the Court a report detailing, as far as he is able, the LLP's current financial position.
3. The Court hereby directs the Provisional Liquidator to refer to the Court any issues which need to be determined in order to reach a concluded view of the LLP's financial position including:
a. Whether Mr Al-Awlaqi and Mr Clout are creditors of the LLP for US$ 200,000;
b. Whether Mr Baya'a is a creditor of the LLP for US$ 1.8 million or some part thereof; and
c. The extent to which Mr Hussain is a creditor of the LLP.
4. The Provisional Liquidator may, if he deems it appropriate, enter such arrangements with Mr Hussain as are necessary for the business of the LLP to be carried on at the sole risk and expense of Mr Hussain-and at no risk to the Defendants
5. All proceedings in Case Number CFI 23/2009 are stayed with immediate effect until further Order of the Court and the Winding Up Petition is adjourned until further application,
6. The Provisional Liquidator shall have liberty to apply for such further or other directions as he deems necessary.
AND IT IS DECLARED THAT:
7. Mr Hussain remains a member of Tabarak Partners LLP, and the resolution dated 7 September 2009 purporting to remove him is of no effect
AND IT IS FURTHER ORDERED THAT:
8. The Costs of and occasioned by this hearing are reserved pending the outcome of the determination of the issues referred to in paragraph 3.
Mark Beer
Registrar
Date of Issue:
24th January 2010
At: 12 pm
