August 09, 2021 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
(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)
Defendant
ORDER OF JUSTICE WAYNE MARTIN
PENAL NOTICE
IF YOU KBBO CPG INVESTMENT LLC, INFINITE INVESTMENT LLC, FATHIMA SUPERMARKET WLL (ABU DHABI), TELE LINK COMMUNICATION LLC, ONE PREPAY COMPANY LLC, FRESHLY FROZEN FOODS FACTORY LLC OR SENORA FOODS LLC DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND YOUR DIRECTORS MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED OR THE COMPANY MAY BE FINED OR HAVE ITS ASSETS SEIZED.
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.
UPON the Claimants’ Application No. CFI-045-2020/20 dated 15 July 2021 seeking an anti-suit injunction (the “Application”)
AND UPON reading the evidence filed
AND UPON hearing counsel for the Claimants and counsel for the Defendants at a hearing on 26 July 2021
AND UPON the Claimants offering the undertakings set out in Schedule 1 to this Order, which undertakings the Court accepted
IT IS HEREBY ORDERED THAT
1. In this Order:
(a) the “Respondents” means each of the First Defendant, the Second Defendant, the Fourth Defendant, the Thirteenth Defendant, the Fourteenth Defendant, the Sixteenth Defendant and the Seventeenth Defendant;
(b) the “Dubai Proceedings” means the proceedings commenced by the Respondents and the Third Defendant before the Dubai Courts with case number 679/2020; and
(c) the “Dispute” means the dispute between the Claimants and the Respondents in relation to the loan facility agreements set out in Schedule 2, including any dispute as to the existence or validity of any of those agreements and the rights and liabilities of the parties arising thereunder.
Interim Anti-Suit Injunction
2. Until judgment is given in these proceedings or further order of the Court the Respondents must not commence or pursue any proceedings in relation to the Dispute in any court, tribunal or other dispute resolution forum other than in the DIFC Courts or the Joint Judicial Tribunal, save that this order does not prevent the Respondents from commencing or pursuing an appeal from the judgment of the Dubai Court of First Instance given on 28 July 2021 in the Dubai Proceedings.
Interpretation
3. 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.
4. 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 or agents or in any other way.
Costs
5. The First, Second, Fourth, Thirteenth, Fourteenth, Sixteenth and Seventeenth Defendants shall pay the Claimants’ costs of the Application to be assessed by a Registrar if not agreed within 14 days of publication of the reasons for the decision.
Issued by:
Nour Hineidi
Deputy Registrar
Date of issue: 9 August 2021
At: 3pm
