Zulfiqur Al-Tanveer Haider v Delma Engineering Projects Company LLC & Ors

Zulfiqur Al-Tanveer Haider v Delma Engineering Projects Company LLC & Ors

The claimant established a prima facie case for permission to continue a derivative claim on behalf of Delma Engineering in relation to the alleged letter of credit fraud against specified defendants, satisfying the requirements of UAE and English law, and demonstrated a prima facie case that England is the appropriate forum due to risk of injustice in the UAE. The application in relation to the authorised transfer fraud was dismissed for lack of a prima facie case against an English defendant.

Parties
Claimant: Zulfiqur Al-Tanveer Haider; Defendant: Delma Engineering Projects Company LLC; Defendant: Mabani Delma General Contracting Co LLC; Defendant: Delma Emirates Diesel; Defendant: Delma Emirates Group; Defendant: Falcon Administrative Services (UK) Limited; Defendant: Falcon Group Europe Limited; Defendant: Falcon Trade Corporation FZE; Defendant: Falcon Group Holdings (Cayman) Limited; Defendant: Umesh Mohanan Gopalakrishnan; Defendant: Protouch FZE; Defendant: Ahmed Khalil Khaled Al Mureikhy; Defendant: Diab Ahmed Khalil Khaled Al Mureikhy; Defendant: Mariam Ahmed Khalil Khaled Al Mureikhy; Defendant: Al Anoud Ahmed Khalil Khaled Al Mureikhy; Defendant: Sherifa Ahmed Khalil Khaled Al Mureikhy; Defendant: Al-Dhafra Trading Enterprises Est; Defendant: Global Tradelinks Limited; Defendant: Commodities Trade International Limited; Defendant: West Trade International Limited; Defendant: Asia Pacific International Limited
Jurisdiction
England and Wales
Judgment Date
07 February 2023
Procedural Posture
Derivative Claim (application for Permission to Continue) / First Stage Permission Hearing (ex Parte)
Outcome
Permission granted in part; application proceeds to second stage for letter of credit fraud claim only.
Legal Topics
Derivative Actions, Fraud, Jurisdiction and Forum Conveniens, Limitation of Actions, Directors' Duties, Unjust Enrichment
Company Law Civil Procedure Private International Law Derivative Actions Fraud Jurisdiction and Forum Conveniens Limitation of Actions Directors' Duties +1 more

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Parties

Zulfiqur Al-Tanveer Haider

Claimant

Delma Engineering Projects Company LLC

Defendant

Mabani Delma General Contracting Co LLC

Defendant

Delma Emirates Diesel

Defendant

Delma Emirates Group

Defendant

Falcon Administrative Services (UK) Limited

Defendant

Falcon Group Europe Limited

Defendant

Falcon Trade Corporation FZE

Defendant

Falcon Group Holdings (Cayman) Limited

Defendant

Umesh Mohanan Gopalakrishnan

Defendant

Protouch FZE

Defendant

Ahmed Khalil Khaled Al Mureikhy

Defendant

Diab Ahmed Khalil Khaled Al Mureikhy

Defendant

Mariam Ahmed Khalil Khaled Al Mureikhy

Defendant

Al Anoud Ahmed Khalil Khaled Al Mureikhy

Defendant

Sherifa Ahmed Khalil Khaled Al Mureikhy

Defendant

Al-Dhafra Trading Enterprises Est

Defendant

Global Tradelinks Limited

Defendant

Commodities Trade International Limited

Defendant

West Trade International Limited

Defendant

Asia Pacific International Limited

Defendant

Procedural Posture

Derivative Claim (application for Permission to Continue) / First Stage Permission Hearing (ex Parte)

Legal Issues

  1. 1 Whether the claimant has a prima facie case to continue a derivative claim on behalf of Delma Engineering Projects Company LLC against specified defendants for alleged frauds.
  2. 2 Whether the requirements of UAE law and English law for bringing a derivative claim are satisfied.
  3. 3 Whether England is the appropriate forum (forum conveniens) for the claim.

Ratio Decidendi

The claimant established a prima facie case for permission to continue a derivative claim on behalf of Delma Engineering in relation to the alleged letter of credit fraud against specified defendants, satisfying the requirements of UAE and English law, and demonstrated a prima facie case that England is the appropriate forum due to risk of injustice in the UAE. The application in relation to the authorised transfer fraud was dismissed for lack of a prima facie case against an English defendant.

Court Disposition

Permission granted in part; application proceeds to second stage for letter of credit fraud claim only.

Orders

  • Delma Engineering to be made a party to the application for permission to bring a derivative claim on its behalf regarding the letter of credit fraud against Falcon Administrative Services, Falcon FZE, Falcon Cayman, Mr Mohanan, Protouch, Mr Ahmed Al Mureikhy, Global Tradelinks, Commodities International, and West...
  • Application dismissed in relation to the authorised transfer fraud.