May 21, 2020 court of first instance - Orders
Claim No: CFI 045/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) EMIRATES NBD BANK PJSC
Claimant / Applicant
(2) HSBC BANK MIDDLE EAST LIMITED
(3) ICICI BANK LIMITED, BAHRAIN LIMITED
(4) ICICI BANK UK PLC
(5) UNION BANK OF INDIA
(6) BANK OF JORDAN COMPANY
(7) NATIONAL BANK OF BAHRAIN BSC
(8) AHLI UNITED BANK BSC (DIFC BRANCH)
(9) COMMERCIAL BANK OF DUBAI PSC
(10) WARBA BANK KSCP
Claimants
and
(1) KBBO CPG INVESTMENT LLC
(2) MR KHALEEFA BUTTI BIN OMAIR YOUSIF ALMUHARI
(3) HIS EXCELLENCY SAEED MOHAMED BUTTI MOHAMED ALQEBAISI
(4) INFINITE INVESTMENT LLC
(5) GROUP OF FATHIMA CO LLC
(6) FATHIMA SUPERMARKET LLC (SHARJAH)
(7) FATHIMA SUPERMARKET WLL (ABU DHABI)
(8) FATHIMA TRADING & SUPERMARKET COMPANY WLL
(9) FAIRWAY GENERAL TRADING
(10) FAIRWAY CATERING SERVICES LLC (DUBAI)
(11) FAIRWAY CATERING SERVICES LLC (ABU DHABI)
(12) FATIMA GENERAL MARKET LLC
(13) TELE LINK COMMUNICATION LLC
(14) ONE PREPAY COMPANY LLC
(15) TECHLINK SYSTEMS LLC
(16) FRESHLY FROZEN FOODS FACTORY LLC
(17) SENORA FOODS LLC
(18) SPECTRAMI DMCC
(19) ONE PREPAY COMPANY LLC (KSA BRANCH)
Defendants / Respondents
ORDER OF JUSTICE SIR JEREMY COOKE
PENAL NOTICE
IF YOU MR KHALEEFA BUTTI BIN OMAIR YOUSIF ALMUHAIRI DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND YOU 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
UPON the Second Respondent’s urgent application made on short notice to the Court dated 20 May 2020
AND UPON the amended application of the Second Respondent dated 21 May 2020
AND UPON upon reading the Witness Statement of Paul Hughes date 21 May 2020
AND UPON the Order of Justice Sir Jeremy Cooke dated 15 May 2020 (the “15 May Order”)
IT IS HEREBY ORDERED THAT:
INTERIM INJUNCTION
1. The Second Respondent’s Applications of 20 and 21 May 2020 are refused.
2. As soon as reasonably practicable, the Second Respondent shall take such steps as are reasonably available:
(1) To procure the payment to the Applicant of the Funds; and
(2) To prevent the Funds from being disposed or, dealt with or diminished in value.
3. The steps referred to in paragraph 2 above shall include the Second Respondent taking the following steps as soon as reasonably practicable and in any event by 21:00 on Thursday 21 May 2020:
(1) The Second Respondent shall issue to the parties referred to in paragraph 4 below, written instructions informing them of this Order and directing them:
(a) Not to dispose of, deal with or diminish the value of the Funds;
(b) To pay to the Applicant immediately the Funds or such part of them as remains in their custody or control;
(2) Where the Second Respondent is aware that the Funds or any part or them has been transferred to any other third party not named in Schedule C or paragraph 4 below, whether directly or indirectly, he shall by 21:00 on Thursday 21 May 2020 issue written instructions to that third party, informing him of this Order and directing him:
(a) Not to dispose of, deal with or diminish the value of the Funds;
(b) To pay to the Applicant immediately the Funds or such part of them as remains in their custody or control.
4. The parties referred to in paragraph 3(1) above are:
(1) KBBO General Trading Sole Proprietorship LLC;
(2) NOV Partners;
(3) Noor Capital PSC;
(4) Mubashir Financial Services;
(5) Creative Mark Limited;
(6) Advanced Facilities Management Services LLC;
(7) Centurion Investment;
5. By 16:00 time on 27 May 2020, the Second Respondent must provide an update to the Applicant’s legal representatives as to the steps taken by the Second Respondent in compliance with Paragraphs 2 and 3 of this Order and any responses received.
6. Upon receipt of any sum referred to in paragraphs 2 and 3 above, the Applicant shall hold that sum to the Order of the Court in an interest bearing account established and used solely for the purpose of holding the sums so received until further Order of the Court.
7. By 21:00 on 21 May 2020, the Second Respondent must, subject to paragraph 16(2) of the 15 May Order, inform the Applicant’s legal representatives, to the best of his current ability what has become of and who now holds the Funds. By 16:00 on 27 May 2020, the Second Respondent must, subject to paragraph 16(2) of the 15 May Order, provide an update to the Applicant’s legal representatives as to his then understanding of what has become of and who now holds the Funds.
8. By 11:00 on 28 May 2020, the Second Respondent must, subject to paragraph 16(2) of the 15 May Order, swear and serve on the Applicant’s legal representatives an affidavit setting out, to the best of its ability, the information referred to in paragraph 7 of this Order and full details of the steps taken to comply with paragraphs 2 and 3 of this Order and any responses received as a result of complying with that paragraph.
9. For the avoidance of doubt, all times specified in this order are in Gulf Standard Time.
CONTINUING OBLIGATIONS UNDER 15 MAY ORDER
10. Save where amended by this Order, the remaining obligations under the 15 May Order continue to be binding on the Second Respondent and the remaining Respondents.
11. Costs reserved.
Issued by:
Nour Hineidi
Deputy Registrar
Date of issue: 21 May 2020
At: 6.30pm
SCHEDULE C
THE FUNDS
| DATE | PAYING BANK | RECIPIENT | RECEIVING BANK AND ACCOUNT NUMBER | AMOUNT (USD) | AMOUNT (AED) |
|---|---|---|---|---|---|
| 24 Nov 2019 | Warba Bank (K.S.C.P.) | Group of Fathima Co LLC | Dubai Islamic Bank PJSC (A/C XXX) |
42,945,528 | 157,704,570 |
| 24 Nov 2019 | Warba Bank (K.S.C.P.) | Fathima Trading & Supermarket Company WLL | Arab Bank PLC (A/C XXX) |
1,348,620 | 4,952,403.644 |
| 25 Nov 2019 | ICICI Bank Limited, Bahrain Branch | Fathima Trading & Supermarket Company WLL | Arab Bank PLC (A/C XXX) |
9,291,177 | 34,070,748 |
| 25 Nov 2019 | ICICI Bank Limited, Bahrain Branch | One Prepay Co LLC | Abu Dhabi Commercial Bank PJSC (A/C XXX) |
20,411,953 | 74,850,632 |
| 25 Nov 2019 | ICICI Bank Limited, Bahrain Branch | One Prepay Co LLC | Al Masraf Arab Bank for Investment & Foreign Trade (A/C XXX) |
9,659,851 | 35,422,675 |
| 25 Nov 2019 | ICICI Bank Limited, Bahrain Branch | Tele Link Communication LLC | Al Masraf Arab Bank for Investment & Foreign Trade (A/C XXX) |
15,283,893 | 56,046,036 |
| 25 Nov 2019 | ICICI Bank Limited, Bahrain Branch | One Prepay Co LLC | Arab Bank PLC (A/C XXX) |
4,101,834 | 15,041,426 |
| 25 Nov 2019 | ICICI Bank Limited, Bahrain Branch | One Prepay Co LLC | Dubai Islamic Bank PJSC (A/C XXX) |
11,044,451 | 40,500,000 |
| 25 Nov 2019 | ICICI Bank Limited, Bahrain Branch | One Prepay Co LLC | First Abu Dhabi Bank PJSC (A/C XXX) |
2,744,785 | 10,065,126 |
| 25 Nov 2019 | ICICI Bank Limited, Bahrain Branch | One Prepay Co LLC | National Bank of Umm Al Quwain PSC (A/C XXX) |
6,839,104 | 25,078,996 |
| 25 Nov 2019 | ICICI Bank Limited, Bahrain Branch | One Prepay Co LLC | United Bank Limited (A/C XXX) |
9,445,966 | 34,638,358 |
| 25 Nov 2019 | ICICI Bank Limited, Bahrain Branch | One Prepay Co LLC | Union National Bank (A/C XXX) |
1,368,585 | 5,018,600 |
| 10 Dec 2019 | ICICI Bank Limited, Bahrain Branch | KBBO CPG Investment LLC | HSBC Bank Middle East Limited (A/C XXX) |
25,333,333 | 93,036,665 |
| 10 Dec 2019 | Warba Bank (K.S.C.P.) | KBBO CPG Investment LLC | HSBC Bank Middle East Limited (A/C XXX) |
14,666,666.66 | 53,863,334.56 |
| 22 Dec 2019 | Warba Bank (K.S.C.P.) | KBBO CPG Investment LLC | HSBC Bank Middle East Limited (A/C XXX) |
5,500,000 | 20,198,750 |
| 23 Dec 2019 | ICICI Bank Limited, Bahrain Branch | One Prepay Co LLC | Al Masraf Arab Bank for Investment & Foreign Trade (A/C XXX) |
5,785,191.77 | 21,243,224.17 |
| 23 Dec 2019 | ICICI Bank Limited, Bahrain Branch | Group of Fathima Co LLC | First Abu Dhabi Bank (A/C XXX) |
2,840,186.88 | 10,429,166.22 |
| 23 Dec 2019 | ICICI Bank Limited, Bahrain Branch | Freshly Frozen Foods Factory LLC | Standard Chartered Bank (A/C XXX) |
874,621.35 | 3,211,609.61 |
| TOTAL | 189,485,747 | 695,372,320 | |||
