IN THE SUPREME COURT OF MAURITIUS (BANKRUPTCY DIVISION) In the matter of: DAWOOD AJUM RAWAT, currently residing in France and duly represented by his agent and proxy Mr MH. Brian Bums, residing at no. 26, Domaine de Belle Vue, Mapou APPLICANT v/s BAI Co (Miius) Ltd (Under Special Administration) Represented by appointed Special Administrators Mustaq N.Oosman FCA and Y.Rajeev Basgeet ACA c/o PwC, 18 Cybercity, Ebéne RESPONDENT EX-PARTE: DAWOOD AJUM RAWAT, currently residing in France and duly represented by his agen! and proxy Mr MH. Brian Bums, residing at no, 26, Domaine de Belle Vue, Mapou APPLICANT 1, MAXIME HUGH BRIAN BURNS, residing at 0.26, Domaine de Belle Vue, Mapou, ‘bearer of NID B1002712901301, MN AFFIRMATION AS A Mi 1, Lom the agent and proxy of the Applicant in the above matter as per Annex Land I have been duly authorised by Applicant to affirm this present affidavit on his behalf. 2. The Applicant is one of the directors of British American invesimenis Co (Mtius} Lid (also known as BAl) and the main person in setting up the British American investment Group herein after referred fo as "BAI Group". 3, The registered address and/or head office of several companies which form part of the BAI Group such as BAI and Respondent is BAI Centre, 217 Royal Road, Curepipe {hereinalter referred to as "BAI Centre"). As the Applicant was heavily involved in setting up the BAl Group and its companies, the Applicant had also kept his personal belongings (i.e. personal financial documents) at the offices located ot the BAI Centre. 4, On 03 April 2015, Respondent was pul under conservatorship whereby ‘Messers Mr. Mushtaq M.O.N. Oosman and André Bonieux were appointed as Conservators 5. With effect from 1s! May 2015, Messers Mushtaq M.O.N, Qosman and Yogesh R Basgee! were appointed as Special Administrators to the Respondent and any of ifs related companies by Financial Services Commission. 6. Since 03 April 2015, whereby Respondent has been put into the several forms ‘of administration, the Applicant has not had access, either via an agent, Proxy oF preposes, to his private and personal belongings found at the BACentre (as mentioned in paragraph 3 above) despite several requests made ‘on his behalf. Applicant further avers that the Special Administrators have control over the BAI Centre. 7. Despite the continuous requests to Messers Mr. Mushtag M.O.N. Oosman and Yogesh R Basgeet who are representing the Respondent, they have remained unresponsive and uncooperative. 8. aver that the behavior and attitude of the Respondent is causing prejudice to the Applicant as he is being deprived of his private and personal property which is to be found at the BAl Centre (as stated in paragraph 3 above) and that itis only with the intervention of the Honourable Court that he will have access and disclosure of them 9. Unfortunately as at today 04.08.15 the Applicant, personally or via his family members, agents, proxy or préposés has stil not had access or has received his personal belongings 10. Applicant intends to lodge an application before the Honourable Judge silting at Chambers fo pray for an order to be issued against the Respondent duly represented by Messers Mr, Mushtaq M.O.N. Oosman and Yogesh R Basgeet ordering and compelling the Respondent to allow the Applicant through his agent and proxy access to the offices found at BAI Centre, 217 Royal Road, Curepipe to collect his personal belongings. 11. In these circumstances, it is urgent and necessary that an order be made by the obove Honourable Court granting the Applicant leave to proceed with the Application for an order compeliing the Respondent fo aliow the Applicant through his agent and proxy access to the offices found at BAI Centre, 217 Royal Road, Curepipe to collect his personal belongings and personal financial documents or to provide and disclose same which application will be lodged before the Honorable Judge sitting in Chambers, such leave to be granted subject to conaitions, it any, fo be imposed by this Honourable Court, against the Respondent where the Respondent is duly represented by Messers Mr. Mushtag M.O.N. Oosman and Yogesh R Basgeet. icant therefore prays from this Honourable court that an Order be ‘A. granting the Applicant LEAVE to proceed with an application ordering ‘and compelling the Respondent to allow the Applicant through his agent ‘and proxy access to the offices found at BAI Centre, 217 Royal Road, Curepipe fo collect his personal belongings and personal financial documents or to provide and disclose same before the Honourable Judge siting at Chambers against the Respondent where Respondent is duly represented by Messrs Mr. Mushtaq M.O.N. Oosman and Yogesh R Basgeet on such terms as the Honourable Court shall deem fit and proper. B. such other Order which the Honourable Court may deem fit, just and equitable in the circumstances.13. The Applicant therefore prays accordingly. Solemnly affirmed by the abovenamed ) Deponent at Chambers, Supreme Court, } Port Louis, this day of August 2015 } ORAWN UP BY ME BEFORE ME Ayesha JEEWA APPLICANT'S ATTORNEY | cerlify that this affidavit shall form part of an action to be entered before the above Honourable Court.u ur RIT (BANKRUPTCY DIVISION) In the matter of DAWOOD AJUM RAWAT APPLICANT vis BAI Co (Mifius) Ltd (Under Special Administration) RESPONDENT EX-PARTE: DAWOOD AJUM RAWAT APPLICANT MOTION PAPER For an order from this Honourable Court: A. Granting the Applicant LEAVE to proceed with an application ordering and compelling the Respondent to allow the Applicant through his agent and proxy access to the offices found at BAI Centre, 217 Royal Road, Curepipe to collect his personal belongings and personal financial documents or to provide and disclose same before the Honourable Judge siting at Chambers against the Respondent where Respondent is duly represented by Messis Mr. Mushtaq MON. Oosman and Yogesh R Basgeet on such terms as the Honourable Court shail deem fit and proper. B. Or for such other Order which the Honourable Court may deem fit, just and equitable in the circumstances. ‘And this for all the reasons fully set forth in the hereto annexed affidavit. Under all legal reservations. Dated at Port Louis, this day of August 2015, Ayesha Jeewa (Mrs.) Of 207, Chancery House, Lilet Geoffroy Stree!, Port Louis. APPLICANT'S ATTORNEY