A HIGH COURT judge has declined to grant a stay to the Cepep Company Limited (Cepep) preventing local contractor Tora Bora Construction from auctioning off items seized from the state entity last month.
Justice Nadia Kangaloo on Monday declined the oral application by Cepep’s attorneys, saying the granting of a stay was not automatic.
She also said that Tora Bora Construction will be prejudiced if she granted the application and warned Cepep that it had three bites of the cherry in three separate applications, previously before the court.
She did, however, grant Cepep’s application for permission to appeal.
Also before the judge is an application by Cepep to set aside judgment in similar cases against the company.
High Court marshals on February 15 levied on Cepep for failing to comply with a court order to pay close to $2 million owed to Tora Bora.
The items seized included furniture, vehicles and computers.
Accompanied by the contractor, Imtiaz Mohammed, and the police, High Court marshals moved into the Ste Madeleine premises where eight vehicles and truckloads of furniture, appliances, computers, water pumps and other assets were confiscated.
In December, Cepep was ordered to pay $1,962,947.36 to Mohammed for money owed since March/April 2015.
Mohammed said was awarded a contract under the Health Sector Initiative to undertake remedial works at the St Joseph Health Centre in St Joseph. Mohammed said for the past two and a half years he has been trying to get his money.
Mohammed said he had no choice as his business was suffering and he cannot meet his financial debts.
He said the assets seized might only cover 30 or 40 per cent of the debt owed.
Rural and Local Government Minister Kazim Hosein has said part payment of $500,000 was made to Mohammed.
Planning and Development Minister Camille Robinson-Regis said the Government met outstanding amounts to be paid on contracts in the amount of $148 million for the 2010 and 2015 period.