February 01, 2021 court of first instance - Orders
Claim No. CFI 072/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
SIDRA LLC
Claimant
and
(1) IRSHAAD OSMAN EBRAHIM
(2) LAKSHMI MURTHY
Defendants
AMENDED DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER MAHA AL MEHAIRI
PURSUANT TO Rule 36.41 of the Rules of the DIFC Courts (“RDC”), paragraph 7 (ii) of this Order is deleted under the slip rule on the basis that there is no evidence provided by the Claimant to support its claim for contractual interest
UPON the request made by the Claimant on 15 July 2020 for a default judgment against the Defendants in accordance with Part 13 of the 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 4 December 2019 and on 30 April 2020.
4. The Claimant 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:
(i) the judgment sum of AED 2,880,628.
8. In addition, pursuant to DIFC Courts Practice Direction No. 4 of 2017 the Defendants shall pay interest on the judgment sum to the Claimant from the date of this default judgment, until the date of full payment, at the rate of 9% annually.
9. The Defendants shall pay the Claimant’s costs of these proceedings in the amount of AED 115,557.55 which comprises:
(i) the Claimant’s legal costs, until the date this request was fully pleaded; and
(ii) costs of the Court filing fee.
Issued by:
Nour Hineidi
Registrar
Date of issue: 28 July 2020
Date of re-issue: 1 February 2021
At: 3pm
