March 04, 2021 court of first instance - Orders
Claim No. CFI 048/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
ICICI BANK LIMITED (DIFC BRANCH)
Claimant
and
(1) GULF TECHNICAL COMMERCIAL PRINTING PRESS – sole proprietorship
represented by Mr Ibrahim Mohammed Ali Abdouli Zarooni
(2) MR VASUDEV NARSINGDASS LILARAMANI
(3) MR RAMESH LILARAMANI
(4) MR RAJESH LILARAMANI
(5) DIGITAL WORLD PRINTING PRESS LLC
Defendants
DEFAULT JUDGMENT MADE BY H.E. JUSTICE MAHA AL MHEIRI
UPON the request made by the Claimant on 7 February 2021 for a Default Judgment against the Defendants in accordance with Part 13 of the Rules of the DIFC Courts (the “Request”) (“RDC”), it is found as follows:
1. The Request is not one prohibited under RDC 13.3 (1) or (2).
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 Claimant filed a Certificate of Service in respect of the Defendants under RDC 9.43 on 30 December 2020.
4. The Claimant has followed the required procedure for obtaining Default Judgment (RDC 13.7, 13.8).
5. 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.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
6. The Request for Default Judgment is granted.
7. The Defendants shall jointly and/or severally pay to the Claimant within 14 days, from the date of this Order, the judgment sum of USD 6,713,170.66 plus 12% interest per annum, to be calculated, from the date of this Order until the date of full payment.
8. The Defendants shall, also, jointly and/or severally pay the Claimant’s costs of these proceedings in the amount of USD 40,000 which comprises: (1) the Claimant’s legal costs, until the date this Request was fully pleaded; and (2) costs of the Court filing fee.
Issued by:
Nour Hineidi
Registrar
Date of issue: 4 March 2021
At: 10.00am