IN-THE SUPREME COURT OF MAURITIUS (BANKRUPTCY DIVISION! In the matter of:- ‘Adela RAWAT EEISTRITZER of Martello ‘Tower, Coastal Road, Preneuse, Black River APPLICANT v/s SEATON INVESTMENT LTD , represented by its Special ‘Administrators Messrs. Mushtaq M.O.N OOSMAN and Yogesh Rai BASCEST of PriceWatethouseCoopers (PwC), 18 Cybercity, Ebene RESPONDENT And in the matter of: Ex Parte ‘Adeela RAWAT FEISTRITZER of Martello Tower, Coastal Road, La Preneuse, Black River APPLICANT MOTION PAPER Applicant shall move this Honourable Court for an Order= Granting leave to the Applicant under Section 244(b) of ‘the Insolvency Act 2009 t0 initiate legal proceedings against the Respondent before the Industrial Court of Mauritius claiming severance allowance for unjustified dismissal under the terms and conditions which the Court thinks fit to impose. And this for the reasons fully set forth in the hereto annexed afficiavit Under all legal peservations Dated at Port Louis, thig 25% day of June, 2015, oe as Of 18 Floor, River chit St Denis Street, Port Louis. ‘APPLICANT’S ATTORNEY. Glover SC Instructing Counsel:IN THE SUPREME COURT OF MAURITIU! (BANKRUPTCY DIVISION) In the matter of:- Adeela RAWAT FEISTRITZER of Martello Tower, Coastal Road, La Preneuse, Black River APPLICANT v/s SEATON INVESTMENT LTD, represented by its Special Administrators Messrs. Mushtaq M.O.N OOSMAN and Yogesh Rai BASGEET of PriceWaterhouseCoopers (PwC), 18 Cybercity, Ebene RESPONDENT And in the matter of:- Ex Parte Adeela RAWAT FEISTRITZER of Martello Tower, Coastal Road, La Preneuse, Black River APPLICANT 1, Adeela RAWAT FEISTRITZER, no calling of Martello Tower, Coastal Road, La Preneuse, Black River and holder of a National Identity Card beaving 2311772805989. MAKE SOLEMN AFFIRMATION AS A MUSLIM AND SAY THAT: 1. Lam the Applicant in the above matter 2. I aver that I have been in continuous employment with the British American Investment ("BAI") Group since the 15" of January 2008 and occupied the post of Group Marketing Director of the Respondent till the 15" of May 2015. Page Lof 33. The Respondent is a related company of the British American Investment ("BAL") Co (Mtius) Ltd. 4, On or about the 24 of April 2015, Messrs. Andre Bonieux and Mushtaq M.O.N Oosman were appointed as Conservators of BAL Co. (Mtius) Lid under the Insurance Act 2005, including the Respondent. 5, On the 12 of April 2015, some 40 of the companies forming part of the BAT Group appointed, by way of a board resolution, Mr. Sattar Hajee Abdoula as administrator of those companies including the Respondent. 6.On or about 30 April 2015, the Financial Services Commission appointed Messrs. Mushtaq M.O.N Cosman and Yogesh Rai Basgeet as Special Administrators of BAI Co (Mtius) Lid and any of its related companies including the Respondent , with effect from 1 May 2015 pursuant to Section 110A(2) of Insurance Act 2005. 7.1 aver that I have not received any remuneration from the Respondent for the months of March, April and May 2015 and therefore claim that my contract of ‘employment has been terminated under Section 36(4) of the Employment Rights Act 2008. 8.1 further aver that Messrs. Mustaq M.O.N Oosman and Yogesh Rai Basgeet, in their capacities as special administrators, have failed to provide any notice of termination of my employment within the prescribed delay under the Insolvency Act 2009. 9.1n light of the above, I am advised and verily believe that my dismissal by the Respondent is wrongful, unjustified, unfair and without any good cause and/or justification and I intend to initiate legal proceedings against the Respondent claiming severance allowance for unjustified dismissal. A oie eat ‘A Raat Fisifzer» Sento Invesinent\ ence Application \Apidest\2506110. The Applicant is advised that it is a requirement of the law that she be authorised by the Supreme Court of Mauritius (Commercial Division) to proceed with legal action against the Respondent under such conditions as the Court may deem fit to impose. LL. The Applicant therefore prays*for an Order under Section 244 (b) of the Insolvency Act 2009 authorising and empowering her to initiate legal proceedings against the Respondent as Defendant before the Industrial Court of Mauritius under such conditions as the Court may deem fit to impose. 12. Ipray accordingly. Solemnly affirmed by the abovenamed deponent At Chambers, Supreme Court House day of June 2015 Drawh up by me Bofore me I t i ~ phat. it Mr B.S: HETKCO y 7 Chief Court Offer ais fea [| cudlminten ATTORNEY AT LAW \surREME COURT Therebyjcertify that this affidavit forms part of proceedings to be lodged before the Supreme Court of Mauritius (Bankruptcy Division), Page 3 0f3 ‘A Rat Feistritzer Seaton Unvestent Lee Application Agent 250615,Sc/cOMMMOTI00730/2015 ESS ‘anerey Dision Inthe matter of: Adeola RAWAT FEISTRITZER Apolleant SEATON INVESTMENT LTD {Under Special Administration} Respondent And in the matter of: Ex Parte Ja RAWAT FEISTRITZER Applicant @ — oRDER Upon the application of Mr. Atlomey 8. Sewral for the applicant and after considering the motion pager and affidavit, both dated 25 June 2018, | grent the applicant leave to initiate legal proceedings before the Industrial Court of Mauritius against the above respondent company, which is under special administration chambers, this 25" day of June, 2015 REY a