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Claim No. CFI 003/2023

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

IDBI BANK LIMITED

Claimant

and

(1) FIRESTAR DIAMOND FZE
(2) FIRESTAR HOLDING LIMITED
(3) MR NIRAV DEEPAK MODI

Defendants

DEFAULT JUDGMENT OF JUDICIAL OFFICER MAITHA ALSHEHHI

UPON the request made by the Claimant on 20 November 2023 (the “Request”) for a Default Judgment in accordance with Rule 13.1(1) and (2) of the Rules of the DIFC Courts (the “RDC”) against the Defendants, and the accompanying witness statement of Bini Saroj dated 16 November 2023, it is found as follows:

1. The Request is not one prohibited by RDC 13.3.

2. The Request is one permitted by RDC 13.4 on the basis that the Defendants have failed to file an Acknowledgment of Service or a Defence to the claim (or any part of the claim) with the DIFC Courts and the relevant time for so doing has expired.

3. The Defendants have not: (i) applied to the DIFC Courts to have the Claimant’s statement of case struck out under RDC 4.16; or for immediate judgment under RDC Part 24 (RDC 13.6(1)); (ii) satisfied the whole claim (including any claim for costs) on which the Claimant is seeking judgment; or (iii) filed or served on the Claimant an admission under RDC 15.14 or 15.24 together with a request for time to pay in accordance with RDC 13.6(3).

4. In accordance with the DIFC Court Order dated 28 August 2023 granting the Claimant’s application to serve the Defendants via publication, the Claimant served the claim form upon the Defendants by way of newspaper publication on 14 September 2023 in an Arabic Newspaper and on 13 October 2023 in an English newspaper.

5. The Claimant filed Certificates of Service in accordance with RDC 9.43 on 30 October 2023.

6. The Claimant has followed the required procedure for obtaining Default Judgment in accordance with RDC 13.7 and 13.8.

7. The claim is for a specified sum of money and the Request specifies 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 in accordance with RDC 13.9.

8. The Request includes a request for interest pursuant to RDC 13.14 and the claim form sets out the calculation of interest in the claim.

9. The DIFC Courts are satisfied that the conditions as set out in RDC 13.22 and 13.23 have been met.

10. The Claimant has submitted evidence, as required by RDC 13.24, that (i) the claim is one that the DIFC Courts have power to hear and decide; (ii) no other court has exclusive jurisdiction to hear and decide the claim; and (iii) the claim has been properly served in accordance with RDC 13.22 and RDC 13.23.

ACCORDINGLY, IT IS HEREBY ORDERED THAT:

1. The Request is granted.

2. The Defendants shall jointly and severally pay the Claimant the amount of USD 6,947,686.93 as the principal amount.

3. The Defendants shall jointly and severally pay 9% interest as per UAE Commercial Code Article 76 from the date of the filing the case until date of full payment.

4. The Defendant shall pay the Claimant’s costs of these proceedings summarily assessed in the amount of USD 46,222.81.

5. The Claimant shall serve this Order upon the Defendants.

Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 1 December 2023
At: 2pm