November 29, 2018
A news article was published on November 27, 2018 by Kursley Thanay of Le DefiMedia Group under the heading “En Cour suprême : sept compagnies de la cyber-tour au coeur d’un litige de USD 3,6 M” (“the News Article”). The News Article contains a number of mistruths, inaccuracies and omissions of fact in relation to a long history of judgments, orders, injunctions and rules made by the Supreme Court of Mauritius in favour of Weston International Capital Limited and its subsidiaries (“the Weston Entities”). The News Article depicts an erroneous and incomplete picture of the current state of affairs in the Supreme Court of Mauritius whilst Contempt Motions have been filed before the Supreme Court of Mauritius against Celestial Jade International Limited (“Celestial
Jade”).
A Weston spokesman stated, “Celestial Jade’s legal action in the Supreme Court of Mauritius is an abusive and vexatious application made to circumvent, flout and disregard judgements, Worldwide freezing Mareva Injunctions, Contempt Orders and Seizure Orders made against Bank JTrust by the Supreme Court of Mauritius. The sole director of Celestial Jade is also the President Commissioner of Bank JTrust and was found to be personally in contempt of the Supreme Court of Mauritius as per the order of Chief Justice K.P. Matadeen. Rather than facing their legal obligations and USD 220,000,000 of debts, as awarded to Weston by the Supreme Court of Mauritius, Bank JTrust has used Celestial Jade, a shell company incorporated in January 2018, to by-pass its obligations and
enter the jurisdiction of Mauritius purportedly as a third party. Celestial Jade is merely a sham entity.”
The procedure lodged by Celestial Jade is being strongly challenged and contempt of court proceedings is being issued against Celestial Jade and other Comtenors.
The clear intention behind the Exequatur application lodged by Celestial was purely to try to circumvent, flout and evade the judicial authority of the Supreme Court of Mauritius as listed hereunder:
On 15 February 2013, two Judgments (CO 619/12 and CO 620/12) were awarded by the Supreme Court of Mauritius against PT Bank Mutiara TBK (now known as PT Bank JTrust Indonesia TBK) in the amount of USD 18,292,131 and USD 65,350,000 plus interest until payment;
On 7 August 2013, two Writ of Executions (CO 619(PWS)/2012 and CO 620(PWS)/2012) were awarded by the Supreme Court of Mauritius against PT Bank Mutiara TBK (now known as PT Bank JTrust Indonesia TBK) in the amount of USD 18,292,131 and USD 65,350,000 plus interest until payment;
On 29 May 2015, a Judgment (SC/COM/PWS/00243/2015) was awarded by the Supreme Court of Mauritius against PT Bank Mutiara TBK (now known as PT Bank JTrust Indonesia TBK) and J Trust Co., Ltd, jointly and in solido, in the total amount of USD 110,539,997.09 plus interest until payment;
On 26 June 2015, a Writ of Execution (SC/COM/PWS/00243/2015) was awarded by the Supreme Court of Mauritius against PT Bank Mutiara TBK (now known as PT Bank JTrust Page 2 of 2 Indonesia TBK) and J Trust Co., Ltd, jointly and in solido, in the total amount of USD 110,539,997.09 plus interest until payment;
On 29 June 2015, an Interim Mareva Injunction and a Norwich Pharmacal Disclosure Order (SC/COM/WRT/00796/2015) was awarded by the Supreme Court of Mauritius against PT Bank JTrust Indonesia TBK and J Trust Co., Ltd, jointly and in solido, in the amount of USD120,000,000;
On 15 September 2015, the Interim Mareva Injunction was made interlocutory by the Supreme Court of Mauritius against PT Bank JTrust Indonesia TBK and J Trust Co., Ltd, jointly and in solido, in the amount of USD 120,000,000;
On 19 July 2017, PT Bank JTrust Indonesia TBK along with its executives, more specifically, Mr. Nobiru Adachi, was held in contempt (Record No. 114825 – 5A/121/17) of the Judgments and Orders of the Supreme Court of Mauritius as awarded by the Chief Justice Matadeen;
On 9 July 2018, an Attachment Order (SC/COM/JICA/0291/2017) on the US Court Revesting Orders was awarded by the Supreme Court of Mauritius against PT Bank JTrust Indonesia TBK and on 18 July 2018, a Rule was issued accordingly under the aegis of the Chief Justice of the Supreme Court of Mauritius.
Bank JTrust along with its shareholders (J Trust Co., Ltd, PT JTrust Investments Indonesia, JTrust Asia Pte Ltd) executives, officers, Directors and Commissioners, namely, Nobuyoshi Fujisawa, Shigeyoshi Asano, Nobiru Adachi, Benny Luhur, Mahdi Mahmudy, Kwik Ing Hie, Ahmad Fajar, Felix Istyono Hartadi Tiono and Ritsuo Ando have been and are still acting in violation and breach of Worldwide Mareva Injunctions now in the amount of over USD 220 million and have been held in Contempt of Court of the Supreme Court of Mauritius dated 19th July 2017 for over one (1) year. Despite being aware of the existence of the said Contempt order, Bank JTrust, along with its shareholders, executives, officers, Directors and Commissioners, have and are still engaged in acts
of further violations, breaches and acts of contempt in defiance of the judicial authority of the Supreme of Mauritius.
Bank JTrust, along with its majority shareholder, J Trust Co., Ltd and its executives, including Nobiru Adachi, in collusion with Celestial Jade are participating in a flagrant orchestrated and calculated scheme to defeat and bypass Contempt Orders, Mareva Injunctions and Attachment Judgements issued by the Supreme Court of Mauritius, which are res judicata. The Exequatur application by Celestial Jade referred to in the News Article is in direct contravention of all procedural laws prevailing in Mauritius and an act in defiance of the Attachment Judgment issued by the Supreme Court of Mauritius which is res judicata on 9 July 2018, where the Orders issued by the Southern District Court of New York were seized and extinguished.
Copies of the aforementioned legal documents mentioned above are available upon request.
About Weston International Capital Limited
Weston International Capital Limited is a closed-end investment company specializing in special situations and strategic activist acquisitions. The firm has US$2.2 billion of Assets Under Management and USD 15.2 billion of legal claims against governments, banks, money launderers and other institutions complicit in loan fraud and embezzlement and is headquartered in the Republic of Mauritius.