September 16, 2020 court of first instance - Orders
Claim No. CFI 078/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
BANK OF INDIA
Claimant
and
(1) BELCHINA (UAE) LTD FZE
(2) BELCHINA HOLDING LTD.
(3) MR KARAN BAHETI
(4) MRS MANISHA BAHETI
Defendants
DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER MAHA AL MEHAIRI
UPON the request made by the Claimant on 15 July 2020 for Default Judgment against the Defendants in accordance with Part 13 of the Rules of the DIFC Courts (“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 all four 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 First Defendant under RDC 9.43 on 2 June 2020.
4. The Claimant filed a Certificate of Service in respect of the Second Defendant under RDC 9.43 on 22 March 2020.
5. The Claimant filed a Certificate of Service in respect of the Third Defendant under RDC 9.43 on 22 March 2020.
6. The Claimant filed a Certificate of Service in respect of the Fourth Defendant under RDC 9.43 on 22 March 2020.
7. The Claimant has followed the required procedure for obtaining Default Judgment (RDC 13.7, 13.8).
8. 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:
9. The request for Default Judgment is granted.
10. All four Defendants shall pay to the Claimant within 14 days, from the date of this Order, the judgment sum of USD 1,160,771.69 comprising:
(i) USD 1,049,060.77 being the principal amount outstanding under the Amended Facilities Agreement (as defined in the Claim Form); and
(ii) USD 111,710.92 of outstanding contractual interest, which has accrued at a rate which is the aggregate of: (1) three months LIBOR plus 5% per annum; and (2) default interest at a rate of 2% per annum, from 31 May 2019 to 11 August 2020.
11. In addition, pursuant to DIFC Courts Practice Direction 4 of 2017 all four 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 quantified at the daily rate of USD 286.22 until the date of payment.
12. All four Defendants shall pay the Claimant’s costs of these proceedings in the amount of USD 48,649.21 which comprises: (1) the Claimant’s legal costs, until the date this request was fully pleaded in the amount of USD 37,994.93; and (2) costs of the Court filing fee in the amount of USD 10,654.28.
Issued by:
Nour Hineidi
Deputy Registrar
Date of issue: 16 September 2020
At: 2pm
