She accused him of seizing 12 million dirhams

A company is demanding the reservation of a former employee villa

The Ras Al Khaimah Civilian Court of Appeal rejected the request of a private company to precautionary seizure of the villa of a former employee who seized 12 million and 500 thousand dirhams from the company's funds, and fled outside the country, due to the absence of documents proving the indebtedness.

In detail, a company filed a petition with the judge of urgent matters demanding the signing of the precautionary seizure of the villa of an employee who was working for it who seized the company's funds without completing the work, and refused to pay the value of the money, and also demanded to address the Central Bank to inquire about any of its balances or accounts in the name of the employee to seize it, and to address the management Traffic to inquire about any cars belonging to him for seizure, as the Urgent Matters judge issued a decision rejecting the precautionary seizure order.

The verdict was not accepted by the company, so it filed its appeal according to a statement of a case before the case management office based on the fact that the appealed judgment made a mistake in applying the law, in addition to the failure to cause and corruption in the inference and the violation of the fixed papers, as the debt subject to the grievance and appeal is fixed in the contribution contracts and checks delivered to the employee The former, especially since he fled outside the country and thus the conditions for issuing the order subject to appeal were fulfilled.

In the text of the Civil Appeal Court, it was stated that the first-degree ruling was correct and consistent with the provisions of the law, and then the court decides to support it, because the legislator permits the creditor to request the judge of urgent matters temporarily to impose precautionary seizure on the real estate and movables of his opponent in a situation in which he fears losing him to secure his right if not The debtor shall have a stable residence in the state, and if the creditor fears that his debtor will escape or his money is smuggled or hidden, and that is with serious evidence, and if the debt securities are threatened with loss, and if the creditor holds an official or ordinary bond with a debt payable and unconditional and in his possession A judgment that is not enforceable when the fixed debt is of a certain amount.

The ruling stated that the papers and documents submitted by the company do not prove the employee’s indebtedness, because the checks were issued in favor of the company as well as the existence of a shareholding agreement between the company and the employee with its terms and conditions agreed upon by the parties.

She added that those documents and papers do not prove the indebtedness, but prove the agreements concluded between them, how the company, shares and the legal system are valued, how to pay, and then the papers came free of proof of indebtedness, and with it the court decides to reject the appeal and uphold the appealed judgment, and obligate the company to pay the expenses and attorney fees.

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