October 13, 2022 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 024/2020
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) SUNSET HOSPITALITY HOLDINGS LIMITED
(2) PEATURA FZ LLC
Claimants/Applicants
and
HANA HABIB MANSOOR HABIB AL HERZ
Defendant/Respondent
ORDER OF H.E. JUSTICE MAHA ALMHEIRI
PENAL NOTICE
NOTICE: YOU, HANA HABIB MANSOOR HABIB AL HERZ, ARE IN CONTEMPT OF COURT.
UPON the Applicants’ application under RDC Part 52 for an order of committal against the Respondent for her failure to comply with paragraphs 1 and 2 of the Order of Justice Giles dated 27 May 2022
AND UPON hearing Counsel for the Applicants and Counsel for the Respondent at the hearing on 4 October 2022
AND UPON the Court being satisfied on the evidence that the Respondent, Hana Habib Mansoor Habib Al Herz, is in contempt of court for: (1) failing to comply with paragraphs 1 and 2 of the Order of Justice Giles dated 27 May 2022 by failing to transfer her shares in Black Tap Restaurant and Coffee LLC to the First Applicant and by failing to transfer her shares in Brick Oven Restaurant LLC to the Second Applicant; and (2) for taking steps to frustrate the purpose of the Order of Justice Giles dated 27 May 2022 by procuring that the First Applicants shares in Black Tap Restaurant and Coffee LLC and the Second Applicants shares in Brick Oven Restaurant LLC were transferred to the Respondent
IT IS HEREBY ORDERED THAT:
Order of committal
1. By reason of the Respondent’s contempt as set out in the recitals to this Order, the Respondent shall within 21 days pay a fine to the Court of USD 75,000.
2. Payment to the Court shall be affected by bank transfer to the following account:
Account Name | GOVERNMENT OF DUBAI - DIFC COURTS - GUARANTEE ACCOUNT AED |
Account Number | 1014255833007 |
IBAN No. | AE160260001014255833007 |
Currency | AED |
Swift Code | EBILAEADXXX |
Bank name | Emirates NBD |
Orders to reverse steps taken by the Respondent
3. Within 2 days of this Order, the Applicants shall provide the Respondent with copies of the trade licences for Sunset RAK and Peatura.
4. Within 7 days of receipt of the trade licences under paragraph 3 of this Order, the Respondent shall:
a) submit an application to the Dubai Economic and Tourism Department for approval to transfer 100% of the shares in Black Tap Restaurant and Coffee LLC to the First Applicant (Sunset Hospitality Holdings Limited); and
b) submit an application to the Dubai Economic and Tourism Department for approval to transfer 100% of the shares in Brick Oven Restaurant LLC to the Second Applicant (Peatura FZ LLC).
5. Within 2 days of the Dubai Economic and Tourism Department approving the transfer of shares in Black Tap Restaurant and Coffee LLC and Brick Oven Restaurant LLC contemplated in paragraph 4 of this Order, the Respondent and a duly authorised representative of the Applicants shall attend the notary public and sign transfer of shares and amendments to the Memorandum of Associations to effect the following transactions:
a) the transfer 100% of the shares in Black Tap Restaurant and Coffee LLC to the First Applicant (Sunset Hospitality Holdings Limited); and
b) the transfer 100% of the shares in Brick Oven Restaurant LLC to the Second Applicant (Peatura FZ LLC).
6. Pending the transfer of shares in Black Tap Restaurant and Coffee LLC and Brick Oven Restaurant LLC in accordance with paragraph 5 of this Order and the removal of the Respondent as a manger of each of those companies, the Respondent shall not take any steps as manager of those companies or cause or permit those companies to do any act, other than those acts necessary to comply with paragraphs 3 to 5 of this Order.
7. The Respondent shall within 7 days of this Order swear and serve on the Applicants an affidavit setting out each and every action she has taken as manager of Black Tap Restaurant and Coffee LLC and Brick Oven Restaurant LLC and every act which she has caused or permitted either of those companies to do since 25 July 2022. If the Respondent has taken no actions nor caused or permitted the companies to take any action, she shall expressly depose to that fact.
8. The Respondent is hereby reminded that pursuant to Section VI of RDC Part 29, further proceedings for contempt of court may be brought against her if she makes a false statement in the affidavit to be served in accordance with paragraph 8.
Liberty to apply to purge contempt
9. If the Respondent complies fully with paragraphs 3 to 7 of this Order, and on time and without taking any action or omitting to take an action which has the effect of frustrating the purpose of this Order, the Respondent has liberty to apply to purge her contempt and to discharge the sanction set out at paragraph 1 of this Order.
Service of the Order
10. For the purpose of any further application for committal under RDC Part 52, personal service of this Order is dispensed with.
11. Pursuant to RDC 9.31, the Applicants may serve this Order on the Respondent by delivering a copy of this Order to the offices of her legal representatives, Afridi & Angell, Jumeriah Emirates Office Towers, Level 35, Sheikh Zayed Road, PO Box 9371 or by email to ssenanayake@afridi-angell.com and swalker@afridi-angell.
Issued by:
Ayesha Bin Kalban
Deputy Registrar
Date of Issue: 13 October 2022
At:10am