February 19, 2017 court of first instance - Orders,Orders
Claim No: CFI 026/2016
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
IN THE MATTER OF DOLCEZZA LLC
AND IN THE MATTER OF THE DIFC INSOLVENCY LAW NO. 3 OF 2009
ORDER OF H.E. JUSTICE SHAMLAN AL SAWALEHI
UPON reading the Winding-up Petition dated 26 December 2016 (the “Petition”) and the supporting documents filed by DOLCEZZA LLC (the “Petitioner”) pursuant to Part 54 of the Rules of the DIFC Courts (“RDC”), Article 50 of the DIFC Insolvency Law No.3 of 2009, Regulation 8.7.2 of the DIFC Insolvency Regulations
IT IS HEREBY ORDERED THAT:
1.Mr Shahab Haider of Sajjad Haider Chartered Accountants LLP is hereby appointed as Provisional Liquidator of DOLCEZZA LLC, registered in the DIFC under Registration Number 1403, and Commercial License Number CL1403, and with its Registered Offices at Unit DFR P423, Damac Park Towers, Tower 1, Dubai International Financial Centre, Dubai, 2219, United Arab Emirates.
2. The Provisional Liquidator has all the powers as set out in Schedule 3 of the DIFC Insolvency Law No. 3 of 2009.
3. The hearing date for the Petition for winding up is fixed for Tuesday, 7 March 2017, seven days prior to which the advertisement pursuant to RDC 54.62 would be published in accordance with the Practice Direction (PD 3/2011) by no later than Sunday, 26 February 2017.
4. Pursuant to RDC103, which sets out the requirement for the advertisement for appointment, the advertisement shall specifically state that any person intending to appear at the hearing shall give to the Petitioner and the Provisional Liquidator, notice of his intention, specifying whether or not he intends to support or oppose the Petition, and whether or not he objects to the appointment of the Mr Shahab Haider as the Provisional Liquidator, by no later than Monday, 6 March 2017, and if no such notice is provided, then he shall not be able to appear at the hearing of the Petition without further order of the Court.
5. If no notice of objection has been received by Monday, 6 March 2017, a winding up order shall take effect on Tuesday, 7 March 2017 without the need for attendance at a hearing and Mr Shahab Haider of Sajjad Haider Chartered Accountants LLP shall be appointed as Liquidator with immediate effect from the Return Date.
6. The Provisional Liquidator shall be at liberty to apply for such further or other directions as they may deem necessary.
7. The costs of the aforementioned advertisement shall be paid by the Petitioner.
8. Costs of this application shall be dealt with in the liquidation.
Issued by:
Natasha Bakirci
Assistant Registrar
Date of issue: 19 February 2017
At: 3pm
