[2018]DLHC7320 • December 14, 2018 • High Court
CAL BANK LTD. (PLAINTIFF/JUDGMENT/CREDITOR) vs. TELEDATA CO. LTD., GREGORY EID AND GHIDA EID (DEFENDANT/JUDGMENT/DEBTORS)
The Plaintiff, CAL BANK LTD., obtained judgment against the Defendants, TELEDATA CO. LTD., Gregory Eid and Ghida Eid, on 17 February 2015. The Plaintiff executed the judgment by attaching and selling some assets of the 1st Defendant under a writ of fi.fa., but the proceeds were insufficient to satisfy the judgment debt. Consequently, the Plaintiff attached additional assets of the 1st Defendant under a further writ of fi.fa. issued on 22 May 2018. Following this, Rosalia Mansour filed a notice of claim asserting a fixed and floating charge over the 1st Defendant's assets. The court examined the validity and enforceability of this charge in relation to the Plaintiff's execution rights.
read moreThe Plaintiff/Execution/Judgment Creditor (hereinafter referred to as the plaintiff) sued and obtained judgment against the Defendants/Judgment Debtors (hereinafter referred to as the defendants) on the 17th February, 2015. This judgment was formally entered on notice to the defendants on the 23rd March, 2015. It appears that the plaintiff attached some assets of the 1st defendant under a writ of fi.fa. and sold them but the amount realised was not enough to satisfy the entirety of the judgment debt; hence, the plaintiff attached more assets of the 1st defendant under fi.fa. issued on the 22nd May, 2018. Following the further attachment of the 1st defendant’s properties, Rosalia Mansour, filed a notice of claim in which it asserted that she has a fixed and floating charge over the properties of the 1st defendant company. The matter was heard and evidence was taken from the parties. It has been submitted on behalf of the claimant, Rosalia Mansour, that the assets of the 1st defendan.....