March 04, 2019 court of first instance - Orders
Claim No. CFI-079-2018
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN:
FIMBANK P.L.C T/A FIMBANK PLC (DIFC BRANCH)
and
AOS TRADING DMCC
AMENDED JUDGMENT OF H.E JUSTICE ALI AL MADHANI
UPON reviewing the Claimant’s Claim dated 22 November 2018 seeking judgment in the amount of USD 20,282,763.71 plus continuing interest at the default contractual rate from 20 November 2018 to the date of judgment
UPON hearing Counsel for the Claimant at a Hearing on 25 February 2019
UPON review of the documents included in the Court file
UPON the Court being satisfied that the proceedings have been validly served and that the Defendant has failed to acknowledge service or to otherwise appear or engage in the proceedings
AND UPON the Court being satisfied that the requirements of Part 8 have been met and that this is an appropriate case in which to grant judgment under Part 8
IT IS HEREBY ORDERED THAT:
1.The Claimant’s claim for judgment against the Defendant in the amount of USD 20,282,763.71 plus continuing interest at the default contractual rate from 20 November 2018 to the date of this order, in the amount of USD 444,819.10, is hereby granted.
2. The Claimant shall recover from the Defendant the Court fee of USD 5,000 as part of the Judgment Sum.
3. Accordingly there shall be judgment for the Claimant in the sum of USD 20,732,582.81 (the “Judgment Sum”)
4. The Defendant shall pay the Claimant interest on the Judgment Sum at the rate of 9% per annum from the date of this order until payment is received.
5. The Defendant shall pay the Claimant’s costs of the proceedings on the standard basis to be assessed by the Registrar if not agreed between the parties.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of issue: 28 February 2019
Date of re-issue: 4 March 2019
Time: 1pm
