What is the meaning of Order on Petitions and how is it more effective than normal litigation?
Litigation in the UAE allows both individuals and corporations to take prompt and immediate procedures which are called “Orders on Petitions”, that are usually issued by a judge in urgent matters. This procedure aims for ensuring rights, as judgments are issued during a few days without the compulsion of exchange memos or notifying other parties in most cases. This procedure helps to ensure the basic rights without reaching at disposition about dispute. Therefore, judgments are executed by using a force of state machinery such as police to ensure the speedy execution of such judgments.
Our lawyers promptly submit the requests for obtaining Orders on Petitions to realize our clients’ rights and to take immediate measures that should ensure the possibility of executing the final judgments. Moreover, such measures also ensure avoidance of any delay in securing the fundamental rights of individuals’, since such rights are protected by law and are to be achieved even by force, if necessary.
Furthermore, Orders on Petitions may vary case to case as well as they include:
The Court issues Orders on Petitions and directs the opposite party to hand over passports for whatever the reasons or motives behind holding the passport, even if this was done under the allegation of committing a crime, not paying a debt off, or holding the passport as guarantee with a party other than the Courts.
The prosecution or the police comes under the purview of legal order or procedure for the purpose of ensuring the freedom of movement, which is a fundamental right protected by the law of the land. Holding passports against the will of their owners is against the law, whether the party holding the passport is an employer, a lender, a spouse or any another person.
In the present scenario, the Court designates concern person or authority which is liable to contact the other party by phone for executing the judgment, and if the said party refuses to do so, a copy of such refusal is liable to be handed over to the client for submitting it to the police in order to execute the said judgment by using means of force.
In this situation Court issues Orders on Petitions and directs to seize the amounts lying in the bank accounts of debtors relating to the other party, and also prevent debtor from paying those amounts off to any other party until the final disposition of substantive claims related to financial claims, compensation, etc. This aims to ensure the execution of judgment on these funds and assets.
Such procedures are not limited to the confiscation of funds, but also assets, including seizure of vehicles by Traffic departments, seizure of real estate by the concern Land and Property Department, seizure of ships at ports and the seizure of goods at customs, as well as the assets of companies including their headquarters, lands and warehouses, by preventing the party at default from disposing them until the conclusion of the substantive claim.
By issuing Orders on Petitions, the Court bans the debtor from traveling by issuing orders to the Passport Department and police to circulate the travel ban order, which does not permit the arrest of the said person but preventing him/her from leaving the UAE for securing his/her presence therein. This is usually the case when it comes to foreigners, as their stay in the UAE until a final judgment is issued.
There are many other orders related to Orders on Petitions, including summary proceedings that are intended for statement of facts, through which the court assigns one or more experts to maintain the status quo of a particular dispute in order to ensure that the other party does not change the status of the subject of the dispute, including statement of facts related to contracting, services, real estate and other cases.
In all cases, summary proceedings vary in nature and the Court may decide to cancel Orders on Petitions whenever the debtor or the other party provides other guarantees to fulfill their debt if it is due or until a final judgment is issued. However, the possibility of providing such guarantees does not apply in cases of claiming the possession of passports as it violates an inherent human right the right to travel and freedom of movement.
Finally, in all cases in which you wish to get orders on petitions, you should contact our highly experienced professional lawyers at Nour Attorneys Law Firm to help you in such matters.
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