May 27, 2021 court of first instance - Orders
Claim No. CFI 025/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
UNION BANK OF INDIA (DIFC BRANCH)
Claimant
and
(1) VELOCITY INDUSTRIES LLC
(2) VELOCITY VENTURE LIMITED
(3) UMAKU TRADE INVEST LIMITED
(4) VIJEY KAPOOR
(5) RAVI KUCHIMANCHI
(6) RAJENDER MAKHIJANI
(7) PARAG GUPTA
(8) DEVIKA [SWATI] MAKHIJANI
Defendants
ORDER OF H.E. JUSTICE NASSIR AL NASSER
UPON the claim form issued on 17 March 2020 (the “Claim”)
AND UPON the Default Judgment of Judicial Officer Nassir Al Nasser dated 17 September 2020 (the “Default Judgment”)
AND UPON the applications to set aside the Default Judgment filed by the Sixth, Seventh and Eighth Defendants on 18 October 2020 (the “18 October Application”) and by the Fourth Defendant on 30 November 2020 (the “30 November Application”)
AND UPON a hearing on 9 February 2021, concerning the 18 October Application and the 30 November Application
AND UPON the Judgment of 22 March 2021 to set aside the default judgment, entered against the Fourth, Sixth, Seventh and Eighth Defendants on 17 September 2020 by Judicial Officer Nassir Al Nasser
AND UPON reviewing the Claimant's Application No. CFl-025/2020/5 dated 26 May 2021 (the “Application”), seeking an order:
(1) setting aside Default Judgment against the First, Second, Third and Fifth Defendants;
(2) requesting time to serve Claim on the First, Second, Third, and Fifth Defendants by publication and then by email; and
(3) permission to serve the Claim on the First, Second, Third, and Fifth Defendants by publication under RDC part 9
AND UPON reviewing the Claimant’s Witness Statement dated 20 May 2021
IT IS HEREBY ORDERED THAT:
1. The Application is granted.
2. The Default Judgment is set aside against all Defendants.
3. The timeframe for service of the Claim on the First, Second, Third, and Fifth Defendants shall be extended for 4 months from the date of this Order.
4. The Claimant shall be permitted to serve the Claim by publication, once in an English language newspaper and once in an Arabic language newspaper.
5. The Claimant shall file a Certificate of Service along with copies of the English and Arabic newspapers via the eRegistry.
6. Costs in the case.
Issued by:
Nour Hineidi
Registrar
Date of issue: 27 May 2021
Time: 3.30pm
