July 24, 2023 court of first instance - Orders
Claim No: CFI 051/2023
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE:
BETWEEN
CARMON REESTRUTURA - ENGENHARIA E SERVIÇOS TÉCNICOS ESPECIAIS, LDA
Claimant
and
ANTONIO JOAO CATETE LOPES CUENDA
Defendant
ORDER OF JUSTICE WAYNE MARTIN
PENAL NOTICE
IF YOU, ANTONIO JOAO CATETE LOPES CUENDA, DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR REFERRED TO THE ATTORNEY GENERAL OF DUBAI.
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 REFERRED TO THE ATTORNEY GENERAL OF DUBAI.
Notice to the Defendant
This Order prohibits you from doing the acts set out in this Order. You should read it all carefully. You are advised to consult a Legal Consultant as soon as possible. You have a right to ask the Court to vary or discharge this Order.
If you disobey this Order, you may be found guilty of Contempt of Court.
1. THIS ORDER
1.1. This is a Freezing Order made against Antonio Joao Catete Lopes Cuenda (the “Respondent”) on 24 July 2023 by Justice Wayne Martin on the application of Carmon Reestrutura - Engenharia E Serviços Técnicos Especiais, Lda (the “Applicant”). The Judge read the Affidavit listed in Schedule A and accepted the undertakings set out in Schedule B at the end of this Order.
1.2. This Order was made at a hearing without notice to the Respondent. The Respondent has a right to apply to the Court to vary or discharge the Order (see paragraph 04 below).
1.3. There will be a further hearing in respect of this order at 10.00am GST on Friday, 4 August 2023 (the “return date”).
1.4. This Order is effective against any Respondent on whom it is served or who is given notice of it.
1.5. A Defendant 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.
2. FREEZING ORDER
2.1. Until further order of the Court, the Respondent must not, without the prior consent in writing of the Claimant’s legal reprsetatives, in any way dispose of, deal with, or diminish the value of the funds held in any accounts held with Bank PJSC in his name (the “Bank Accounts”) or traceable proceeds thereof. Such bank Accounts include, without limitation the following accounts:
2.1.1. Bank account number 00000 held at Bank; and
2.1.2. Bank account number 00000 held at Bank.
3. PROVISION OF INFORMATION
3.1. Within 7 calendar days of service of a copy of this Order upon the Respondent, the Respondent must, to the best of his ablility after making all reasonable inquiries, and in any event within the said time limit:
3.1.1. inform the Applicant’s regal repesentatives in writing of the balance in the ENBD Accounts; and
3.1.2. provide details of any transfers made from the ENBD Accounts since 19 Janaury 2023.
3.2. Within 14 calendar days after being served with a copy of this Order, the Respondent must swear and serve on the Plaintiff’s solicitors an affidavit or affirmation setting out the above information.
4. VARIATION OR DISCHARGE OF THIS ORDER
4.1. Anyone served 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 Applicant’s 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 Applicant’s legal representatives in advance.
5. SERVICE ON THE RESPONDENT
5.1. Pursuant to RDC 9.31, the Applicant has permission to serve this Order and all other documents on the Respondent by alternative service by sending them to his legal representatives in Hong Kong by courier to the address
5.2. Service of the Order and supporting documents will be deemed to take place at the time of delivery to either of the above addresses.
6. SERVICE OF THIS ORDER
6.1 The Applicant has permission to serve this Order on any third party to whom the Applicant wishes to give notice including Emirates ENBD Bank PJSC.
7. PARTIES OTHER THAN THE APPLICANT AND RESPONDENT
7.1 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.
8. NAME AND ADDRESS OF CLAIMANTS’ LEGAL REPRESENTATIVES
8.1. The Claimants’ Legal Representatives in the DIFC Courts are:
Afridi & Angell Legal Consultants
Jumeirah Emirates Towers, Level 35,
Sheikh Zayed Road
PO Box 9371
Dubai
UAE Tel: +971 4 330 3900
Fax: +971 4 330 3800
E-mail: mbandara@afridi-angell.com, lschama@afridi-angell.com, ssenanayake@afridi-angell.com
9. COMMUNICATION WITH THE COURT
9.1. All communications with the Court about this Order should be sent to:
DIFC Courts Ground Floor, Building 4, Gate District, UAE
Telephone: + 971 4 427 3333
Fax: +971 4 427 3330
Email: registry@difccourts.ae
The offices are open between 8am to 4pm, Monday to Friday (excluding Public Holidays).
10. COSTS
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 24 July 2023
At: 2:30pm
Schedule A – Affidavits relied upon
Affidavit of Ms Adelina Marisa Dos Anjos Faria Martins dated 18 July 2023.
Schedule B – Undertakings of the Claimants
The Claimants undertake:
1. If the Court subsequently decides that the relief contained in this Order have caused loss to the Defendant and decides that the Defendant should be compensated for that loss, the Claimant will comply with any Order the Court may make.