March 23, 2022 court of first instance - Orders
Claim No: CFI 070/2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
IDBI BANK LIMITED
Claimant
and
(1) MABANI DELMA GENERAL CONTRACTING CO LLC
(2) DELMA ENGINEERING PROJECTS COMPANY LLC
(3) DELMA EMIRATES DIESEL
(4) DELMA EMIRATES GENERAL TRANSPORT
(5) AHMED KHALIL KHALED ALMERAIKHI
(6) SHERIFA AHMED KHALIL KHALED ALMERAIKHI
(7) MARIAM AHMED KHALED ALMERAIKHI
Defendants
ORDER OF JUSTICE LORD ANGUS GLENNIE
UPON reviewing the Court file
AND UPON the Claimant’s Application No. CFI-070-2018/9 dated 23 December 2021 for an order that unless the Defendants re-file and serve affidavits which comply with the terms of the Court’s Order of 28 October 2021, the Defence shall be struck out and judgment automatically entered for the Claimant (the “Unless Order Application”)
AND UPON reviewing the Rules of the DIFC Courts (the “RDC”)
AND UPON the Court’s Order dated 2 March 2022 (the “2 March Order”)
AND UPON the First, Fourth, Fifth, Sixth, Seventh and Eighth Defendants having each failed to comply with paragraphs 5, 6, 7 and 8 of the 2 March Order
AND UPON hearing Sharif Shivji QC on behalf of the Claimant at the hearing on 22 March 2022
AND UPON the Registry contacting Alanood Almeraikhi by telephone, who confirmed on behalf of the First, Fourth, Fifth, Sixth, Seventh and Eighth Defendants that they would not be attending the hearing due to lack of legal representation
IT IS HEREBY ORDERED THAT:
1. The Defence of the First, Fourth, Fifth, Sixth, Seventh and Eighth Defendants is struck out.
2. Judgment is hereby entered for the Claimant against the First, Fourth, Fifth, Sixth, Seventh and Eighth Defendants in the sum of:
(a) USD 5,633,240.37 in respect of the Claimant’s claim in debt under paragraph A of the Prayer to the Particulars of Claim; and
(b) USD 3,320,242.11 in respect of contractual interest to 22 March 2022.
3. The First, Fourth, Fifth, Sixth, Seventh and Eighth Defendants shall pay the Claimant the judgment sums in paragraph 2 above by 4pm on 5 April 2022.
4. Interest shall accrue on the judgment sum at the rate of 9% per annum from the date of this Order in accordance with paragraph 3 of Practice Direction No. 4 of 17.
5. The remainder of the Claimant’s claims against the First, Fourth, Fifth, Sixth, Seventh and Eighth Defendants are adjourned with liberty to restore.
6. The First, Fourth, Fifth, Sixth, Seventh and Eighth Defendants shall pay the Claimant’s costs of and occasioned by the Unless Order Application incurred since the 2 March Order on the indemnity basis, immediately assessed in the sum of AED 190,000.00.
7. The First, Fourth, Fifth, Sixth, Seventh and Eighth Defendants shall pay the Claimant’s costs of the Claim up to and including 31 July 2020 on the standard basis, and on an indemnity basis from 1 August 2020. The costs shall be assessed by the Registrar if not agreed. The Claimant shall have permission to apply for such assessment immediately pursuant to RDC 40.1.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 23 March 2022
Time:12pm
