DIFC Courts

CFI 043/2012 - Order

December 18, 2012 court of first instance - Orders,Orders

Claim No: CFI 043/2012

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BEFORE H.E. JUSTICE OMAR AL MUHAIRI

BETWEEN

(1) AAM HOLDING LIMITED

(2) MAHMOOD MOHAMAD RAHMAN AL ANSARI

Applicants
and

 

(1) FIRST CAPITAL OF SWITZERLAND LIMITED

(2) FIRST CAPITAL OF SWITZERLAND INVESTMENT BANK LIMITED

(3) BID CAPITAL INVESTMENTS INC.

(4) ABDULRAHMAN AL ANSARI

(5) ANTHONY D'ANIELLO

Respondents

ORDER OF H.E. JUSTICE OMAR AL MUHAIRI AS VARIED BY CONSENT ORDER DATED 18 DECEMBER 2012

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

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.

THIS ORDER

1. This is an Interim Injunction Order against:

FIRST CAPITAL OF SWITZERLAND INVESTMENT BANK LIMITED

Level 8, West Wing

The Gate Building, DIFC

PO Box 482040

Dubai, UAE

(the "Respondent") originally made by His Excellency Justice Omar Al Muhairi on the application of AAM HOLDING LIMTED (1) and MAHMOOD MOHAMAD RAHMAH AL ANSARI (2) (the "Applicants"), on 29 November 2012 (the "Application"). The Judge read the Witness Statement of the Second Applicant and accepted the undertakings set out below.

2. The Application was made on short notice to the Respondent. The Respondent has a right to apply to the Court to vary or discharge this Order — see paragraph 7 below.

 

3. Until further order of the Court:

 

a) The Respondent, or any of its directors. officers, partners, employees, representatives or agents. or any other person acting on its behalf, is restrained from cashing, seeking to cash, presenting for payment. negotiating, transferring or otherwise dealing in any way with a Union National Bank cheque for the value of AED 18,390,000 (number 000151:204520137:501064663) (the "Cheque") dated 1 December 2012 issued by the Second Applicant in favour of the Respondent; and

 

b) The Respondent is to hold the Cheque in safe custody at its offices, currently Level 8, West Wing, The Gate Building. DIFC, Dubai, UAE.

 

4. The payment of AED 18,390,000 currently standing in Court shall remain in Court until further order of the Court.

SERVICE OF ORDER ON UNION BANK

5. It is permitted for this Order to be served on Union National Bank, Sheikh Zayed Road branch.

COSTS

6. The costs of this Order and of the Application are reserved.

VARIATION OR DISCHARGE OF THIS ORDER

7. Anyone seNed 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 at least 2 clear days in advance.

INTERPRETATION OF THIS ORDER

8. 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.

 

9. A Respondent which is not an individual which is ordered not to do something must not do it itself or by its directors, officers, partners, employees, representatives or agents or in any other way.

PARTIES OTHER THAN THE APPLICANTS AND THE RESPONDENT

10. Effect of this order

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 doing so may be imprisoned, fined or have their assets seized.

UNDERTAKINGS GIVEN TO THE COURT BY THE APPLICANTS

1. If the Court later finds that:

 

c) This Order in its original fonm caused loss to the then respondents to the Order; or

 

d) This Order in its current form caused loss to the Respondent,
and decides that the relevant Respondent should be compensated for that loss, the Applicants will comply with any order the Court may make.

 

2. Anyone notified of this Order will be given a copy of it by the Applicants' legal representatives.

NAME AND ADDRESS OF APPLICANTS' LEGAL REPRESENTATIVES

The Applicants' legal representatives are:

James Abbott

Partner

Clifford Chance LLP

Level 2, Building 6, Dubai International Financial Centre

PO Box 9380, Dubai, United Arab Emirates

Direct Line: + 971 4 362 0608

Switchboard: + 971 4 362 0444

Fax: + 971 4 362 0445

Mobile: +971 50 645 0677

James.Abbott@cliffordchance.com

Payam Beheshti

Senior Associate

Clifford Chance LLP

Level 2, Building 6, Dubai International Financial Centre

PO Box 9380, Dubai, United Arab Emirates

Direct Line: + 971 43620631

SWitchboard: + 971 4 362 0444

Fax: + 971 4 362 0445

Mobile: +971 56 6800 565

Payam.Beheshti@cliffordchance.com

Mark Padley

Associate

Clifford Chance LLP

Level 2, Building 6, Dubai International Financial Centre

PO Box 9380, Dubai, United Arab Emirates

Direct Line: + 971 43620619

Switchboard: + 971 43620444

Fax: + 971 43620445

Mobile: +971 56680 0547

Mark.Padley@cliffordchance.com

COMMUNICATIONS WITH THE COURT

All communications to the Court about this order should be sent to:

Ground Floor, Building 4, Gate District, DIFC, UAE

Telephone: + 971 44273333

Fax: +971 4427 333

Email: registry@difccourts.ae

The offices are open between 10am to 5pm, Sunday to Thursday (excluding Public Holidays)

Issued by:

Mark Beer

Registrar

Date of issue: 20 December 2012

At: 4 pm