FRESCHETTE LIMITED v (1) ENEGIX LIMITED LIABILITY PARTNERSHIP (2) PRIME CAPITAL RE ALAKOL LIMITED LIABILITY PARTNERSHIP (3) PRIME CAPITAL REAL ESTATE LIMITED LIABILITY PARTNERSHIP (4) QAZ-AK-KUS LIMITED LIABILITY PARTNERSHIP

The Claimant (Freschette) brought proceedings before the AIFC Court to recover an outstanding debt from the primary debtor (Enegix) and enforce pledges over multiple properties provided by other defendants. The Court confirmed its jurisdiction, rejected challenges, and granted foreclosure over the pledged assets while also issuing anti-suit injunctions against parallel proceedings in Kazakhstan courts. The Court allowed enforcement against both the debtor and pledged property, but postponed the sale of assets to allow recovery from the primary debtor first. Download PDF