2005 Commercial Discrimination Challenge No. 157

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2005 Commercial Discrimination Challenge No. 157
At the public meeting on Monday, 15 October 2005
Headed by Judge Dr. Ali Ibrahim Imam, Head of The Department
The members of the judges Are Mohammed Nabil Mohammed Riad, Abdel-Manda, Mohamed Wafa, Mohammed Saeed Al Nasser and Abdul Aziz Abdullah Al-Zarouni.

Base Summary: –
Appeal of “the possibility of appeal – sentences that cannot be appealed” – the ruling “appeal of the judgment – decisions that cannot be appealed.”
The decisions of the execution judge, which are not included in article 222 of the Civil Procedure Act, cannot be appealed, the decision concerning the inclusion of the debtor’s files to distribute the proceeds of the execution obtained in the form of monthly installments divided by a group – not subject to appeal.

Legal rule: –
Article 222 of the Civil Procedure Act stipulates that “(1) the decisions of the execution judge are subject to appeal in the following circumstances (a) the competence or non-competence of the executive judge to implement the executive bond (b) that the funds seized shall be what may or may not be reserved or may not be seized or sold (c) requiring other persons other than liabilities in custody (d) to arrange preference among the convicted (e) to postpone the execution of the sentence for any reason (and) whether he is held in custody or not to fail to pay the amount of the amount. By giving the debtor a time limit to pay or installment of the amount paid for it, as the court has ruled on, it is not permissible to appeal against the decisions of the execution judge, which are not included in this article exclusively, As this was the text of the execution judge’s decision of 22 August 2004, “the files are consolidated and all share the amount of 5,000 dirhams paid each month and the amount is distributed to all the files divided by a group”, and this decision concerning the inclusion of the debtor’s files to distribute the proceeds of the execution received in them In a monthly installment company divided into a monthly division, it does not relate to any of the cases contained in article 222 mentioned exclusively or including paragraph (1/g) concerning the installment of the debt, as the said decision was limited to the annexation and consolidation of the debtor’s files to distribute the proceeds of execution to it divided by a group and therefore not subject to appeal on appeal.

The government’s support
After reviewing the papers and hearing the report that was read out in the hearing, the judge decided and after deliberation,
Since the challenge of discrimination was filed during the legal period to meet all its formal obligations, it is acceptable in terms of form,
Whereas the appeal was based on one reason that the appellant of the contested judgment is aware of the violation of the law and the error in its application, it is not permissible to appeal the decision of the execution judge if the appeal filed by the appellant is not focused on the decision of the execution judge in his apartment concerning the inclusion of files as an administrative order, but on the decision issued by him to settle the debt of the taa About 5,000 dirhams will be distributed to all creditors, including the appellant, and this appeal is legally permissible under article 222/1z of the Civil Procedure Act, in addition to this installment does not meet a small part of the monthly interest due on the student’s debt, which is a violation of the ruling and must be overturned.
Since this obituary is not in line, it is stated in article 222 of the Civil Procedure Act that “(1) the decisions of the execution judge shall be subject to appeal in the following circumstances (a) the competence or incompetence of the execution judge to carry out the executive bond (b) that the funds seized shall be what may or may not be seized or sold (c) requiring other persons other than liabilities in custody (d) to arrange preference between the convicted (e) the execution of any deferral of the execution of any reason or the ineligible of the person who does not have the right to be held or sold( or shall not be held) to require other persons other than the liability in custody (d) to arrange preference between the convicted person (e) the execution of any deferral of the execution of any reason or the ineligible. Imprisonment of those who fail to pay the amount condemned (g) to give the debtor time to pay or installment of the amount paid for it” which means that, as the court has done, it is not permissible to appeal the decisions of the execution judge that are not included in this article exclusively, As this was the text of the execution judge’s decision of 22 August 2004, “the files are included and consolidated and all share the amount of 5,000 dirhams that are paid each month and the amount is distributed to all the files divided by a group”, and this decision concerning the inclusion of the debtor’s files for the distribution of the proceeds of the execution obtained in a monthly company divided by a group is not related to any case. Of the cases contained in article 222 mentioned exclusively or including paragraph (1/g) concerning the installment of the debt, the said decision was limited to the annexation and consolidation of the debtor’s files to distribute the proceeds of the execution to be divided into a penalty and therefore not subject to appeal on appeal, and if the appealed judgment adheres to this consideration, it shall not have violated the law or misapplied it, and the obituary on it is not based on it.
Since the above should be rejected, the appeal should be rejected.

Journal of Discrimination Provisions – 16th Issue – 2005

Category: Dubai Court
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