June 23, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 057/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
IDBI BANK LIMITED
Claimant
and
(1) OPTIMUS COMPUTERS TRADING LLC
(2) MOMENTA COMPUTER TRADING LLC
(3) OPTIMUS FZE
(4) GERMANIUM LIMITED
(5) MS MEERA KOUL
Defendants
DEFAULT JUDGMENT OF H.E. JUSTICE NASSIR AL NASSER
UPON the request made by the Claimant on 20 June 2023 for a Default Judgment (the “Request”) in accordance with Rule 13.1 (1) and (2) of the Rules of the DIFC Courts (the “RDC”), it is found as follows:
1. The request is not one prohibited by RDC 13.3 (1) or (2).
2. The Defendant has 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 pursuant to RDC 13.4.
3. The 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 pursuant to RDC 13.6(3).
4. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 8 May 2023.
5. The Claimant has followed the required procedure for obtaining Default Judgment pursuant to 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 pursuant to 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 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 pursuant to RDC 13.22/13.23.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
10. The request is granted.
11. The Defendants are jointly or severally ordered to pay the Claimant the amount of USD 1,795,330.95 (United States One Million Seven Hundred and Ninety Five -Three Hundred and Thirty and ninety five cents only) the principal amount plus interest at the rate of 9% per annum from the date of this Judgment until the date of full payment.
12. The Defendants Jointly or severally are ordered to pay the Claimant the sum of USD 50,000 of legal costs incurred.
13. The Defendants are jointly or severally ordered to pay the Claimant the DIFC Courts’ filing fees.
14. The Claimant shall serve this order on the Defendants.
Issued by:
Delvin Sumo
Assistant Registrar
Date of Issue: 23 June 2023
At: 10am