October 28, 2021 court of first instance - Orders
Claim No: CFI 070/2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
IDBI BANK LIMITED
Claimant
and
(1) MABANI DELMA GENERAL CONTRACTING CO LLC
(2) HELIOPOLIS ELECTRIC COMPANY LLC
(3) DELMA ENGINEERING PROJECTS COMPANY LLC
(4) DELMA EMIRATES DIESEL
(5) DELMA EMIRATES GENERAL TRANSPORT
(6) AHMED KHALIL KHALED ALMERAIKHI
(7) SHERIFA AHMED KHALIL KHALED ALMERAIKHI
(8) MARIAM AHMED KHALED ALMERAIKHI
Defendants
CONSENT ORDER
UPON reviewing the Court file
AND UPON attending the hearing on 24 October 2021
AND UPON reviewing the Rules of the DIFC Courts (the “RDC”)
AND UPON the Defendants agreeing to provide Document Production of the documents produced or located as part of the internal investigation into the affairs of the Delma Companies (as defined in paragraph 2(c))
AND UPON the Defendants providing their consent in relation to the production of documents relevant to these proceedings by the third party professional advisors (identified pursuant to paragraph 5(f) of this Order)
IT IS HEREBY ORDERED WITH CONSENT THAT:
1. The Defendants shall provide document production in stages.
2. In this Order:
a. Corporate Defendants shall mean the 1st, 3rd, 4th or 5th Defendants (the “Corporate Defendants”)
b. Individual Defendants shall mean the 6th to 8th Defendants;
c. Delma Companies shall include the Defendants, Al Dhafra Trading Enterprise Company (the “ATECO”), Delma Emirates Group, Delma Investments and Delma Emirates Travel.
3. As a first stage, each of the Defendants shall file and serve an Affidavit pursuant containing the information set out at paragraph 5 below, by 4pm on 7 November 2021.
4. In the case of each Corporate Defendant, the Affidavit mentioned at paragraph 3 above shall be made by a properly authorised director of the company.
5. The affidavit shall contain the following information:
a. A list of all personal computers, portable data storage media, databases, servers, back-up tapes or other back-up devices, off-site storage, mobile phones, laptops, handheld devices and personal digital assistant devices containing data for any of the individuals at 5(c) to (d) below in the possession, custody or control of the Defendants at any point from 1 January 2015 to 1 August 2019 (the “Relevant Period”)
b. A list of all domain names in the possession, custody or control of the Defendants at any point in the Relevant Period.
c. In the case of the Corporate Defendants, a list of all email accounts for employees or agents of the Corporate Defendants who were: directors; members of management; members of the finance (including financial analysts) and/or accounting and/or audit department; members of the IT department; or involved in dealing with any banking facilities during the Relevant Period and/or with any investigation into the affairs of the Delma Companies (as defined in paragraph 2(c)).
d. In the case of the Individual Defendants, a list of all email accounts for the Individual Defendants and employees or agents of the Defendants who were involved in dealing with any banking facilities during the Relevant Period and/or with any investigation into the affairs of the Delma Companies (as defined in paragraph 2(c)).
e. A list of hard copy files including but not limited to notebooks, document files, business and accounting ledgers, financial records; management accounts, audited accounts, board papers and resolutions, transactional documents and a statement as to where those files are stored.
f. A list of all third party professional advisors that acted for the Defendants during the Relevant Period, including but not limited to: auditors, accountants, product inspection agents and financial advisors
g. In relation to the matters set out at paragraphs (a) to (e) above:
i. A statement as to whether any documents or sources of documents identified are no longer in the possession or the control of the Defendants; and, if so
ii. An explanation for each such document as to why it is no longer in the possession or the control of the Defendants, including an explanation as to when and how it was deleted or destroyed, in whose possession it was prior to destruction, by whom it was deleted or destroyed, and whether any efforts have been made to restore the document.
6. The Defendants’ legal representative shall provide a sworn affidavit confirming that they have conducted reasonable enquiries and the affidavits at paragraph 3 above are true to the best of his or her knowledge and belief by 4pm on 7 November 2021
7. The parties shall endeavour to agree the subsequent stages of the Defendants’ Document Production, including any search criteria to be applied.
8. The parties shall have liberty to apply for further directions or orders on the Defendants’ Document Production.
9. Costs in the case.
Issued by:
Amna Al Owais
Chief Registrar
Date of issue: 28 October 2021
Time: 3pm
