Warka Bank to Pay 11 Million Dinar Settlement
|February 10, 2014||Filled under Other News|
Decided the appeals court Amman a majority issue of significant financial conducted and the facts in Iraq between t Gel acts Jordanian and Iraqi bank, represented by Chairman of the board in excess of $6 million, one hundred and five thousand JD. court decided to compel Iraqi businessman Saad structure and Warka Bank for Investment and Finance to pay the amount in favor of businessman Jordanian nationality Naúr Jumaili resulting from the breach of the terms of the contract to send remittances from Iraq to Jordan since 2004.
According to the facts of the case, the Saad structure and as Chairman of the Board of Directors of the Warka Bank of Iraq has opened account Jumaili for the purposes of filing his money and helping to convert the money into accounts in the Hashemite Kingdom of Jordan in order to support its investments in them.
According to the facts of the case No. 37499/2013 that, the complainant and based on the illusion of the defendant they delivered the money in installments to convert them to accounts in Jordan and after he was reassured that the amounts were converted into accounts in Jordan has depositing large sums of money to the defendant in order to continue to convert these amounts.
But he was surprised by the complainant on 4/7/2005 and during extraction revealed to his account with the defendant and the first number (2513) complained that they had to withdraw large sums of money from his account without his consent or his knowledge and without right where he complained they Bastnaa information next to each pull they have made and this information is not correct is not aware of moaned and amounts drawn by the defendant on them from the expense of the complainant with a total drawdowns equivalent Jordanian Dinar limits the amount of six million, one hundred and five thousand dinars Jordanian.
According to the decision of the court that he and that’s where the work complained of them was an illusion of order that the defendant to deposit the amount of the largest among the defendant first, where they Bastnaa material facts fake is incorrect and installed to detect and therefore they withdraw large sums of money from the expense of the defendant and in violation of the assets and the law.
According to the lawyer Abdullah Al-Smadi agent Jumaili the decision to the Court of Appeal Oman came in favor of the decision of the Court Magistrate penalty Amman that separated the issue by requiring the defendant on them to pay an amount equivalent to six million, one hundred and five thousand JD with legal interest and expenses and attorney’s fees, bringing the amount to 11 million dinars after calculating interest. Replying reasons resumptions submitted by were told appellant first Saad structure and the Warka Bank for Investment and Finance, which challenged the validity of the decision at the court of conciliation and Appeal Court found in its judgment of a majority on 29/01/2014:
First: For the cause of the first of the reasons for resumptions of that Magistrate’s Court penalty west Amman is competent consideration of the case and that the courts of Iraq are competent find our court as follows: we find that for this reason with respect to jurisdiction spatial and our court and Berguaha to all papers of this case and its contents find that the agent complained they may provide a note in front of Court of First Instance triggered when this Payment contained in the first cause of resumptions and decided Magistrate’s Court penalty west Amman Reply This payment has gained this decision become final confrontation appellants on the one hand and on the other hand, we find that the Federal Court of Cassation in Iraq issued a decision on 16.10.2012 to the effect that the self lawsuit filed before the courts of Jordan and verify its outcome it former residence and therefore as Jordanian courts are competent and this constant of the decision of the Court of the Federal saved the file of this case. as well as the Appeal Court found that the plea spatial raised before responding on the list of the lawsuit and not after the agent complained they (appellants ) have responded to a list of the lawsuit plaintiffs personal and did not fueling as that Article 5 of the Code of Criminal Procedure approved the establishment of the suit in the event of the arrest of the defendant in Jordan or that it was his place of residence therein, and therefore the absence of this reason, which should heed him and his response.
And reported by the Court of Appeal a variety of reasons that were considered that the decision of the Magistrate’s Court Jaemoafaqa of assets and that the reasons for the appeal does not respond to the decision appealed and must be refunded. According to the information that the lawyer Abdullah Al-Smadi agent businessman Naúr Jumaili has commenced the implementation of the referee after deposited with the warden implementation of west Amman After considering the decision acquired the degree of deterministic after the decision of the Court of Appeal.
According to said Smadi, it has been Report sentenced Saad infrastructure pays the amount awarded and legal benefits and attorneys’ fees and expenses, with respect to the Bank’s decision was issued from the implementation communicated by publication. referred to the case have been filed Kadea right Profile of criminal case that the theme of abuse of trust and false certified against Saad structure and the Warka Bank in Iraq.
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