February 10, 2020 court of first instance - Orders
Claim No. CFI 069/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
STATE BANK OF INDIA (DIFC BRANCH)
and
(1) MOULDS PERTOCHEM FZE
(2) MOULDS & METALS FZE
(3) VIWASVAT KUMAR SHASTRI
Defendants
DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER NASSIR AL NASSER
UPON the request made by the Claimant on 6 February 2020 for a Default Judgment against Moulds Petrochem FZE (the “First Defendant”) and Moulds & Metals FZE (the “Second Defendant”) pursuant to Rule 13.1 (1) and (2) of the Rules of the DIFC Courts (“RDC”), it is found as follows:
1. The request is not one prohibited by RDC 13.3 (1) or (2).
2. The First Defendant and Second Defendant have each 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 (see RDC 13.4).
3. The First Defendant and Second Defendant have not: (i) applied to the DIFC Courts to have the Claimant’s statement of case struck out under RDC 4.16, nor for immediate judgment pursuant to 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 (see RDC 13.6(3)).
4. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 23 January 2020.
5. The Claimant 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 [defendant served outside 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 and 13.23).
ACCORDINGLY IT IS HEREBY ORDERED THAT:
10. The request is granted.
11. The First Defendant and Second Defendant are ordered, within 14 days from the date of this Judgment, to pay the Claimant the amount of USD 9,330,822.96, which consists of the following:
a. sum of USD 9,008,190.69 as the principal sum;
b. sum of USD 251,808.55 as interest accrued as per the Facility Agreement;
c. sum of USD 47,000 as legal cost incurred; and
d. court fees in the sum of USD 23,823.72.
The First Defendant and Second Defendant shall pay the Claimant post judgment interest at the rate of 9% per annum from the date of this Judgment until the date of full payment.
The Claimant shall serve this Default Judgment on the all of the Defendants in this case.
Issued by:
Nour Hineidi
Date of Issue: 10 February 2020
At: 10am
