May 29, 2016 court of first instance - Orders,Orders
Claim No: CFI 015/2014
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE JUSTICE ROGER GILES
BETWEEN
ASIF HAKIM ADIL
and
FRONTLINE DEVELOPMENT PARTNERS LIMITED
ORDER OF JUSTICE ROGER GILES
UPON the Judgment of Justice Roger Giles dated 3 April 2016 in these proceedings
AND UPON hearing Counsel for the Claimant and Counsel for the Defendant at a telephone hearing on 18 May 2016
IT IS HEREBY ORDERED THAT:
1.The Defendant’s Application No. CFI-015-2014/05 dated 21 April 2016 (the Without Prejudice Application) is dismissed.
2. The date of the Judgment issued be amended to 3 April 2016.
3. Judgment for the Claimant in the sum of AED 7,534,983.73 (or the US dollar equivalent at the time of payment) comprising the following:
(a) The sum of AED 1,100,970 representing the equivalent of 6 months’ salary in lieu of notice (USD 300,000).
(b) The sum of AED 218,032.87 representing end of service gratuity (USD 59,411.12).
(c) The sum of AED 5,990,662.55 representing the statutory penalty payable at a daily rate of USD 1643.84 pursuant to Article 18(2) of DIFC Employment Law Amendment Law, No 3 of 2012 from 15 July 2013 until the date of judgment (USD 1,632,333.12).
(d) Pre-judgment interest on the amounts in paragraphs 3a, 3b and 3c above amounting to AED 225,318.31 at the date of the Judgment.
4. The Defendant shall pay post-judgment interest on the amount of AED 7,534,983.73 in paragraph 3 above (or such proportion of that sum as is outstanding) from the date of judgment until payment at the rate of 2.03171%.
5. The statutory penalty payable pursuant to Article 18(2) of DIFC Employment Law Amendment Law, No 3 of 2012 shall continue to accrue at the daily rate or the AED equivalent of USD 1,643.84 from the date of judgment until payment in full of both of the amounts in paragraphs 3a and 3b above, and post-judgment interest shall accrue on the penalty at the rate set out in paragraph 4 above.
6. The Defendant’s Counterclaim is dismissed.
7. If the Claimant wishes to make an application for a third party costs order against Mr. Suresh Chaturvedi:
(a) The Claimant shall issue any such application in accordance with RDC Part 23 and shall file and serve evidence and written submissions in support by 8 June 2016.
(b) Chaturvedi shall file and serve any evidence and written submissions in response by 6 July 2016.
8. Consideration of costs reserved.
Issued by:
Natasha Bakirci
Assistant Registrar
Date of issue: 29 May 2016
At: 10am
