Claim No: CFI 013/2016
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
OGER DUBAI LLC
Claimant
and
DAMAN REAL ESTATE CAPITAL PARTNERS LIMITED
Defendant
ORDER OF JUSTICE SIR RICHARD FIELD
UPON considering Decree No. 19 of 2016
AND UPON considering the Order dated 28 June 2016 issued by the Acting Chief Justice of the Dubai Court of Cassation to the Chief Justice of the DIFC Courts
AND UPON considering the Orders made herein dated 16 June 2016 as amended by the Order dated 23 June 2016
AND UPON considering the evidence before the Court and hearing Counsel for the Claimant and Counsel for the Defendant at a hearing on 29 June 2016
IT IS HEREBY ORDERED THAT:
1.The Order of Justice Sir Richard Field that the Defendant be wound up made on 16 June 2016 be stayed until a judicial decision is taken pursuant to Decree No. 19 of 2016 as to the competent court.
2. The Order of Justice Sir Richard Field requiring the Defendant to cease trading made on 16 June 2016 (the “Cessation of Trading Order”) be continued until close of business London time on Thursday 30 June 2016 unless by that time the Defendant gives a cross-undertaking to the Court in conventional terms in respect of the Cessation of Trading Order in which event the said order will continue until further order.
3. The Defendant have liberty (if so advised) to serve by close of business London time on Friday 1 July 2016 proposals for amending the Cessation of Trading Order to the extent necessary only to ensure the continued viability of the Defendant.
4. There be a hearing to consider any proposals of the Defendant to amend the Cessation of Trading Order at 10am London time on Wednesday 6 July 2016.
5. In the meantime, the Defendant has liberty to apply on notice to the Defendant for any amendment of the Cessation of Trading Order which it bona fide and reasonably believes is so urgently required for the continued viability of the Defendant that the application must be made before the hearing due to take place on Wednesday 6 July 2016.
Issued by:
Natasha Bakirci
Assistant Registrar
Date: 30 June 2016
At: 2pm
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