December 10, 2020 court of first instance - Orders
Claim No. CFI 092/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MAHMOUD AHMAD CHAABAN
Claimant
and
1. ROYAL VISION CAPITAL (DIFC) LIMITED
2. ROYAL VISION INTELLIGENT FUND LIMITED
3. ROYAL VISION CAPITAL LIMITED
4. DANYLO SHAMATAVA
Defendants
DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER MAHA AL MEHAIRI
UPON the request made by the Claimant on 8 December 2020 for a Default Judgment against the Defendant (the “Request”) 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 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 First and Fourth Defendants under RDC 9.43 on 3 November 2020.
4. The Claimant has followed the required procedure for obtaining Default Judgment (RDC 13.7, 13.8).
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
5. The Request for Default Judgment is granted.
6. The First and Fourth Defendants shall jointly and severally pay to the Claimant within 14 days, from the date of this Order, the judgment sum of USD 150,000.
7. In addition, pursuant to DIFC Courts Practice Direction 4 of 2017 the Defendants shall pay interest on the judgment sum to the Claimant from 5 September 2020, until the date of full payment, at the rate of 9% annually, quantified at the daily rate of USD 36.99 until the date of payment.
Issued by:
Nour Hineidi
Registrar
Date of issue: 10 December 2020
At: 10am
