September 16, 2020 Court of First Instance -Orders
Claim No. CFI 033/2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
BANKMED (SAL) TRADING IN THE DIFC UNDER THE TRADE NAME BANKMED (DUBAI)
and
(1) FAST TELECOM GENERAL TRADING LLC
(2) ALI MOHAMMED SALEM ABU ADAS
(3) MOHAMMAD JAWDAT AYESH MUSTAFA AL BARGOUTHI
(4) SAIF SAEED SULAIMAN MOHAMED AL MAZROUEI
(5) IBRAHIM SAIF HORMODI
(6) AHMED ABDEL KADER HAMDAN ZAHRAN
Defendants
DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER NASSIR AL NASSER
UPON the request made by the Claimant on 2 September 2020 for a Default Judgment against the Second Defendant Ali Mohammed Salem Abu Adas pursuant to Rule 13.1 (1) and (2) of the Rules of the DIFC Courts ( the ”Request”) (“RDC”), it is found as follows:
1. The Request is not one prohibited by RDC 13.3 (1) or (2).
2. The Second Defendant has failed to file a Defence and the relevant time for so doing has expired (RDC 13.4 (1) and (2) and 13.5(1)) and pursuant to the Order issued by the Deputy Registrar Ms. Nour Hineidi on 12 August 2020 and the e-mail from the DIFC Courts Registry on 16 August 2020.
3. The Second Defendant has 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 (RDC 13.6(3)).
4. The Second Defendant was ordered to produce a Statement of Defence within 14 days from the e-mail of the DIFC Courts Registry dated 16 August 2020 and has failed to do so till date which means that the relevant time for doing so has now expired.
5. The Claimant has followed the required procedure for obtaining Default Judgment RDC 13.7 and 13.8.
6. 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 (RDC 13.9).
7. 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.
8. The DIFC Courts are satisfied that the conditions of RDC 13.22 and RDC 13.23 regarding Defendants served outside of the jurisdiction have been met.
9. 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 (RDC 13.22/13.23).
ACCORDINGLY IT IS HEREBY ORDERED THAT:
10. The Request is granted.
11. The Second Defendant jointly and/or severally shall pay the Claimant the sum of USD $ 14,463,479.03 plus interest at the rate of 12.4 % per annum.
12. The Second Defendant jointly and/or severally shall pay the Claimant interest in the sum of USD $6,943,000 from the date 30 November 2016 until 2 September 2020.
13. The interest shall accrue at a daily rate of USD $5,260.00 from the date the Default Judgment is issued until the date of payment.
14. The Second Defendant shall bear the costs of the application to be assessed by a registrar if not agreed.
Issued by:
Nour Hineidi
Deputy Registrar
Date of issue: 16 September 2020
At:2pm
