October 23, 2019 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
And
(1) MABANI DELMA GENERAL CONTRACTING CO LLC
(2) HELIOPOLIS ELECTRIC COMPANY LLC
(3) DELMA ENGINEERING PROJECTS COMPANY LLC
(4) DELMA EMIRATES DIESEL
(5) DELMA EMIRATES GENERAL TRANSPORT
(6) AHMED KHALIL KHALED ALMERAIKHI
(7) SHERIFA AHMED KHALIL KHALED ALMERAIKHI
(8) MARIAM AHMED KHALED ALMERAIKHI
Defendants
DEFAULT JUDGMENT OF JUDICIAL OFFICER MAHA AL MEHAIRI
UPON reviewing the Claimant’s request for Default Judgment filed on 17 September 2019 (the “Application”) against the First, Third, Fourth, Fifth, Sixth, Seventh and Eighth Defendants (the “Defendants”) in accordance with Rule 13.4 of the Rules of the DIFC Courts (“RDC”)
AND UPON reviewing the Affidavit of Diego Carmona together with Exhibit DC2 filed in support of the Application
AND UPON reading all other relevant documents recorded on the Court file, 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 as 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 of Certificates of Service in respect of the Defendants under RDC 9.43 on 24 June 2019.
4. The Claimant has followed the required procedure for obtaining Default Judgment (RDC 13.7, 13.8).
5. The claim is for a specified sum of money and the request specified the date by which the whole judgment debt is to be paid or the times and rate at which it is to be paid by instalments (RDC 13.9).
6. 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.
7. The DIFC Courts are satisfied that the conditions of RDC 13.22 and RDC 13.23 regarding the Defendants’ service outside of the jurisdiction have been met.
8. 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:
9. The request for Default Judgment is granted.
10. The Defendants shall pay to the Claimant within 14 days of the date of this Order the judgment sum of USD 7,169,140.36 comprising of:
(i) USD 5,633,240.37 being the principal sum outstanding;
(ii) USD 1,409,536.99 being the contractual interest accrued up to and including 21 October 2019;
(iii) USD 40,316.67 being the costs incurred as of the filing of the claim pursuant to the Facility Agreement;
(iv) USD 31,097.72 being the claimant’s legal costs; and
(v) USD 54,948.61 being the filing fee of the claim;
11. Interest is payable on the judgment sum at the rate of 9% from the date of this default judgment against each of the Defendants pursuant to PD 4/2017, quantified at the daily rate of USD 1767.73 until the date of payment.
12. The Defendants’ obligations are joint and several.
Issued by:
Nour Hineidi
Date of Issue: 23 October 2019
At: 2pm
