IN THE SUPREME COURT OF MAURITIUS
(BANKRUPTCY DIVISION)
In the matter of:
DAWOOD AJUM RAWAT, currently residing in France and duly
represented by his agent and proxy Mr MH. Brian Bums,
residing at no. 26, Domaine de Belle Vue, Mapou
APPLICANT
v/s
BAI Co (Miius) Ltd (Under Special Administration) Represented
by appointed Special Administrators Mustaq N.Oosman FCA
and Y.Rajeev Basgeet ACA c/o PwC, 18 Cybercity, Ebéne
RESPONDENT
EX-PARTE:
DAWOOD AJUM RAWAT, currently residing in France and duly
represented by his agen! and proxy Mr MH. Brian Bums, residing at
no, 26, Domaine de Belle Vue, Mapou
APPLICANT
1, MAXIME HUGH BRIAN BURNS, residing at 0.26, Domaine de Belle Vue, Mapou,
‘bearer of NID B1002712901301,
MN AFFIRMATION AS A Mi
1, Lom the agent and proxy of the Applicant in the above matter as per Annex
Land I have been duly authorised by Applicant to affirm this present affidavit
on his behalf.
2. The Applicant is one of the directors of British American invesimenis Co
(Mtius} Lid (also known as BAl) and the main person in setting up the British
American investment Group herein after referred fo as "BAI Group".
3, The registered address and/or head office of several companies which form
part of the BAI Group such as BAI and Respondent is BAI Centre, 217 Royal
Road, Curepipe {hereinalter referred to as "BAI Centre"). As the Applicant
was heavily involved in setting up the BAl Group and its companies, the
Applicant had also kept his personal belongings (i.e. personal financial
documents) at the offices located ot the BAI Centre.
4, On 03 April 2015, Respondent was pul under conservatorship whereby
‘Messers Mr. Mushtaq M.O.N. Oosman and André Bonieux were appointed as
Conservators
5. With effect from 1s! May 2015, Messers Mushtaq M.O.N, Qosman and Yogesh
R Basgee! were appointed as Special Administrators to the Respondent and
any of ifs related companies by Financial Services Commission.
6. Since 03 April 2015, whereby Respondent has been put into the several forms
‘of administration, the Applicant has not had access, either via an agent,
Proxy oF preposes, to his private and personal belongings found at the BACentre (as mentioned in paragraph 3 above) despite several requests made
‘on his behalf. Applicant further avers that the Special Administrators have
control over the BAI Centre.
7. Despite the continuous requests to Messers Mr. Mushtag M.O.N. Oosman and
Yogesh R Basgeet who are representing the Respondent, they have
remained unresponsive and uncooperative.
8. aver that the behavior and attitude of the Respondent is causing prejudice
to the Applicant as he is being deprived of his private and personal property
which is to be found at the BAl Centre (as stated in paragraph 3 above) and
that itis only with the intervention of the Honourable Court that he will have
access and disclosure of them
9. Unfortunately as at today 04.08.15 the Applicant, personally or via his family
members, agents, proxy or préposés has stil not had access or has received
his personal belongings
10. Applicant intends to lodge an application before the Honourable Judge
silting at Chambers fo pray for an order to be issued against the Respondent
duly represented by Messers Mr, Mushtaq M.O.N. Oosman and Yogesh R
Basgeet ordering and compelling the Respondent to allow the Applicant
through his agent and proxy access to the offices found at BAI Centre, 217
Royal Road, Curepipe to collect his personal belongings.
11. In these circumstances, it is urgent and necessary that an order be made by
the obove Honourable Court granting the Applicant leave to proceed with
the Application for an order compeliing the Respondent fo aliow the
Applicant through his agent and proxy access to the offices found at BAI
Centre, 217 Royal Road, Curepipe to collect his personal belongings and
personal financial documents or to provide and disclose same which
application will be lodged before the Honorable Judge sitting in Chambers,
such leave to be granted subject to conaitions, it any, fo be imposed by this
Honourable Court, against the Respondent where the Respondent is duly
represented by Messers Mr. Mushtag M.O.N. Oosman and Yogesh R Basgeet.
icant therefore prays from this Honourable court that an Order be
‘A. granting the Applicant LEAVE to proceed with an application ordering
‘and compelling the Respondent to allow the Applicant through his agent
‘and proxy access to the offices found at BAI Centre, 217 Royal Road,
Curepipe fo collect his personal belongings and personal financial
documents or to provide and disclose same before the Honourable
Judge siting at Chambers against the Respondent where Respondent is
duly represented by Messrs Mr. Mushtaq M.O.N. Oosman and Yogesh R
Basgeet on such terms as the Honourable Court shall deem fit and proper.
B. such other Order which the Honourable Court may deem fit, just and
equitable in the circumstances.13. The Applicant therefore prays accordingly.
Solemnly affirmed by the abovenamed )
Deponent at Chambers, Supreme Court, }
Port Louis, this day of August 2015 }
ORAWN UP BY ME BEFORE ME
Ayesha JEEWA
APPLICANT'S ATTORNEY
| cerlify that this affidavit shall form part of an action to be entered before the above
Honourable Court.u ur RIT
(BANKRUPTCY DIVISION)
In the matter of
DAWOOD AJUM RAWAT
APPLICANT
vis
BAI Co (Mifius) Ltd (Under Special Administration)
RESPONDENT
EX-PARTE:
DAWOOD AJUM RAWAT
APPLICANT
MOTION PAPER
For an order from this Honourable Court:
A. Granting the Applicant LEAVE to proceed
with an application ordering and compelling
the Respondent to allow the Applicant
through his agent and proxy access to the
offices found at BAI Centre, 217 Royal Road,
Curepipe to collect his personal belongings
and personal financial documents or to
provide and disclose same before the
Honourable Judge siting at Chambers
against the Respondent where Respondent is
duly represented by Messis Mr. Mushtaq
MON. Oosman and Yogesh R Basgeet on
such terms as the Honourable Court shail
deem fit and proper.
B. Or for such other Order which the Honourable
Court may deem fit, just and equitable in the
circumstances.
‘And this for all the reasons fully set forth in the
hereto annexed affidavit.
Under all legal reservations.
Dated at Port Louis, this day of August 2015,
Ayesha Jeewa (Mrs.)
Of 207, Chancery House, Lilet Geoffroy
Stree!, Port Louis.
APPLICANT'S ATTORNEY