Credit Suisse (Switzerland) Limited v (1) Ashok Kumar Goel (2) Sudhir Goyel (3) Manan Goel (4) Prerit Goel [2020] DIFC CA 008 (04 October 2020)

Credit Suisse (Switzerland) Limited v (1) Ashok Kumar Goel (2) Sudhir Goyel (3) Manan Goel (4) Prerit Goel [2020] DIFC CA 008 (04 October 2020)

Where the question of jurisdiction is reasonably arguable and the grounds for interim relief are made out, the Court of First Instance may grant a Worldwide Freezing Order for a limited period, pending a hearing at which the Respondents can be heard on jurisdiction and the merits of renewal or discharge of the order.

Citation
[2020] DIFC CA 008
Parties
Appellant/claimant: Credit Suisse (Switzerland) Limited; Respondent/defendant: Ashok Kumar Goel; Respondent/defendant: Sudhir Goyel; Respondent/defendant: Manan Goel; Respondent/defendant: Prerit Goel
Jurisdiction
United Arab Emirates
Judgment Date
04 October 2020
Procedural Posture
Appeal / Judgment on Appeal Against Refusal of Worldwide Freezing Order
Outcome
Appeal allowed
Legal Topics
Jurisdiction, Worldwide Freezing Order, Personal Guarantees, Interim Relief
Civil Procedure Commercial Law Jurisdiction Worldwide Freezing Order Personal Guarantees Interim Relief

Case Brief

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Parties

Credit Suisse (Switzerland) Limited

Appellant/claimant

Ashok Kumar Goel

Respondent/defendant

Sudhir Goyel

Respondent/defendant

Manan Goel

Respondent/defendant

Prerit Goel

Respondent/defendant

Procedural Posture

Appeal / Judgment on Appeal Against Refusal of Worldwide Freezing Order

Legal Issues

  1. 1 Whether the DIFC Courts have jurisdiction under the personal guarantees to grant a Worldwide Freezing Order
  2. 2 Whether interim relief can be granted pending determination of jurisdiction

Ratio Decidendi

Where the question of jurisdiction is reasonably arguable and the grounds for interim relief are made out, the Court of First Instance may grant a Worldwide Freezing Order for a limited period, pending a hearing at which the Respondents can be heard on jurisdiction and the merits of renewal or discharge of the order.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.
  • The decision of the Court of First Instance dismissing the Appellant’s application for a Worldwide Freezing Order is set aside.