January 07, 2020 court of first instance - Orders
Claim No. CFI 003/2016
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
CATERPILLAR FINANCIAL SERVICES (DUBAI) LIMITED
and
(1) ROWDHAT NEAMA TRANSPORTING & GENERAL CONTRACTING ESTABLISHMENT
(2) ALI ABDALLA NASIR ABDALLA BUKALLAH LOUTAH
Defendants
AMENDED DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER NASSIR AL NASSER
UPON the Request for Default Judgment made by the Claimant on 31 May2016 (the “Request”) and in accordance with Rule 13.4 of the Rules of the DIFC Courts (“RDC”), it is found as follows:
(1) The Requests are permitted by RDC 13.4 because the Defendants have failed to file an Acknowledgment of Service or a Defence to the claims (or any part of the claims) with the DIFC Courts and the relevant time for so doing has expired.
(2) The Claimant filed Certificates of Service under RDC 9.43 on6 September 2016.
(3) RDC 13.22(1) provides that a Certificate of Service on the court file is sufficient evidence of service
(4) The Claimants have followed the required procedure for obtaining Default Judgment (RDC 13.7 and 13.8).
(5) The claim is for a specified sum of money and the Requests specify the date by which the whole of the judgment debt is to be paid or the times and rate at which it is to be paid by instalments (RDC 13.9).
(6) The Requestincludesa request for interest pursuant to RDC 13.14 and the Claim Formset out the calculation of interest in the claims.
ACCORDINGLY IT IS HEREBY ORDERED THAT:
1. The Request is granted.
2. The Defendants shall pay to theClaimant the amount of USD 288,720 as repayment of the loan which is the subject of the claim.
3. The Defendants shall pay to the Claimant the prepayment fee of USD 5,774.40, being an amount of 2% of the loan amount outstanding at the time of default.
4. The Defendants shall pay to the Claimant interest at a rate of 1.5% pursuant to Clause 3.3 of the loan agreement entered into between the parties (the “Agreement”) being USD 110.74 calculated from 28 December 2015 to 25 January 2016 and continuing to accrue at a rate of USD 3.96 per day.
5. The title and ownership of the vehicle bearing the registration number 82954 be transferred from the first Defendant to the Claimant, to enable the Claimant to sell the vehicle.
6. The obligations of the Defendants in this order are joint and several.
7. The Defendant shall pay the Claimant their costs of the proceedings, to be assessed if not agreed.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of Issue: 6January2020
At: 10am
