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The following judgment was issued
After reviewing the papers and hearing the summary report prepared and followed by the hearing of the judge Judge Yahya Tayeb Abushoura and after deliberation:
Where the appeal meets the conditions and requirements of its formal acceptance is acceptable form.
Where the facts, as evidenced by the contested judgment and all other papers, prove that the contestants (Hellen International) filed a lawsuit against the appellant (Alcici Kurotayev) in the Dubai Court of First Instance in order to order him to pay the sum of (18,050) Interest of 12% of the date of the claim and 25,000,000 dirhams for compensation, reparation, and the validity and attachment of the reservation No. 147 of 2017. On the basis that it is a licensed and licensed company in the Free Zone in the Emirate of Ras Al Khaimah and is actively engaged in management and investment consulting. The defendant is actively engaged in marketing consultancy through his company KB Konsa Ting and IQ Business Management Ltd. The amount of (18,050.000) Euros and the check number (000004) was issued and the deed of action at the value of the loan (AED 70,945,000) withdrawn from the account of AK Business Management Limited at Arab Bank dated 19-1-2017. For the lack of credit, and against him the communication No. 1768 of 2017 m Al Barsha police station, which considered case No. 14771 for the year 2017 Za which spent the conviction and punishment of imprisonment of three years. And that his failure to pay their debt was damaged by material and moral worth of reparation, which is estimated at (25,000,000) dirhams, which led to the signing of the precautionary seizure of the bank accounts of these two companies under the custody of reserve No. 147 of the year
2017 business and prosecution.
The defendant denied the case, stating that the director of the plaintiff (Francois Joseph Marie Emily Gérard Dagardin) and the man named (Mergot Benjamin) had been accused and accused of plotting to seize his money. They filed the communication No. 240 of 2017 against the Red Island police station in Ras Al Khaimah. No. 2329 of 2017 in which the Director of the plaintiff stated that the reason for the release of the check is the pledge and the approval of the indebtedness issued on 29-1-2017. The General Prosecution in Ras Al Khaimah forwarded the documents to the Criminal Laboratory at Ras Al Khaimah Police, which received its technical report issued by the Counterfeiting and Counterfeiting Unit I did not release in my handwriting the signatures that were issued to me and the documents were submitted. The Public Prosecution referred the Director of the plaintiff and the partner of the French person to trial, in which he ruled that the courts of Ras Al Khaimah were not competent to hear the case and referred it to the Dubai Court of Jurisdiction. Frenchman with a year in prison
Of the charges attributed to them and the confiscation of seized false papers and their removal from the state.
At the hearing of 23-4-2018, the Court dismissed the case.
The plaintiff appealed this judgment by appeal No. 1130 of 2018.
The Court appealed the revocation of the appealed judgment and the court again by forcing the appellant to pay the amount of (18.050.000) Euros or its equivalent in Dirhams of AED (70,945,000) and interest at the rate of (9%) annually from the date of the claim, And the validity and installation of the reservation No. 147 for the year 2017 commercial, and rejected the other requests.
The defendant challenged this provision by discrimination under a newspaper filed by
The book of this court on 7-11-2018 was requested to be revoked.
The contestants filed a memorandum with their defense requesting the rejection of the appeal.
When the appeal was lodged in the Chamber of Counsel and the Court found it worth considering and setting a hearing for its consideration.
Since the appellant is subject to the contested judgment, it is a violation of the law and a mistake in its application, as he canceled the appeal against the decision and rejected it again by obliging him to
(18,050,000) Euro or its equivalent in UAE Dirhams (AED 70,945,000) and the interest and validity and the fixing of the reserve reservation No. (147) for the year 2017 trading on a bond of conviction for the crime of writing a check without balance in case No. 14771 for the year 2017 penalty Dubai on the release of the check subject of the lawsuit, although it has not been ruled by a final and final judgment, as it was challenged by appeal No. 1825 for the year 2017 penalty, which spent the session of 18-10-2018m stop its consideration until the dismissal of the case No. 113360 for the year 2017 Dubai sanctioned against the manager Who are contested against it and others for fraud and seizure of his money, including the check, the subject of the lawsuit, the forgery and the use of a fraudulent editor In which a court of first instance decided explicitly that the contestant's manager had received the check, which is the subject of the case, by fraud, and sentenced him to custody and his partner, and to remove them from the state, which is still pending before the Court of Appeal, which would have required the challenged court to suspend the case until the appeal The ruling issued in the lawsuit issued by him No. 113360 for the year 2017 is the penalty of Dubai for the association, which is a flawed judgment contested and requires revocation.
Since this obituary is in its place, it is decided in this court that the civil court must stop the dismissal of the civil action filed before it until the dismissal of the criminal case against one of the two adversaries in the civil lawsuit when the two cases are a joint issue, Which will be issued by the criminal court, whether the criminal action was brought before the civil action was filed or during its course in order to avoid the issuance of two opposing judgments in a single common matter where the civil court can not say its opinion or resolve it before the criminal court says its statement regarding the commission of the crime The civil court may raise it on its own initiative. The suspension of civil proceedings until a final judgment is rendered in the criminal case brought against the same act is a consequence of the principle of the civil judge's compliance. In accordance with the meaning of article (50) of the law of proof of the civil judge's association with the criminal law that is related to the facts in which he was dismissed and his dismissal is necessary.
This was not the case, and it was proven by the papers that the appellant appealed the judgment issued against him in case No. 14771 of 2017, the penalty of Dubai, which convicted him of the crime of writing a check without a balance in appeal No. 1825 for the year 2017 penalty which he suspended until the dismissal on appeal No. 2895 of 2018. And the other against the sentence against them in the criminal case No. 113360 for the year 2017 Dubai penalty of the appellant by accusing them of taking possession of his money, including the check subject of the case, in which he condemned them and punish them with imprisonment and deportation from the state, which is still under consideration that the ruling in them will have an impact The The appeal court ruled against the appellant by rescinding the appeal against the appellant and renewed the obligation of the appellant to pay the value of the check against the appellant despite the fact that it is not permissible. This is before a final and final judgment is issued in the said two cases, the ruling is defective in violation of the law, which requires revocation without need to discuss the rest of the reasons for appeal.
So
The court ruled:
To overturn the contested judgment and refer the case to the Court of Appeal for re-investigation, and to charge the contestants against the expenses and the amount of two thousand dirhams for the fees of lawyers.
The session clerk is the head of the department
zo 3 februari 2019 om 13:22 - 3 februari 2019 om 13:22 # 89330