July 28, 2020 court of first instance - Orders
Claim No. CFI 093/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
BANK OF INDIA (DIFC BRANCH)
Claimant
and
(1) SKY WAY TRADING LLC
(2) KINGS STAR BAKERY LLC
(3) AL NIYA FOODSTUFF TRADING LLC
(4) MR JOHNKUTTIYIL PHILIP
Defendants
DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER NASSIR AL NASSER
UPON the request made by the Claimant on 28 July 2020 for a Default Judgment in accordance with Rule 13.1 [(1) and (2)] of the Rules of the DIFC Courts (“RDC”) ( the ”Request), it is found as follows:
1. The Request is not one prohibited by RDC 13.3 [(1) or (2)].
2. The Defendant has 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 (RDC 13.4).
3. The Defendant has not: (i) applied to the DIFC Courts to have the Claimant’s statement of case struck out under RDC 4.16; or for immediate judgment under RDC Part 24 (RDC 13.6(1)); (ii) satisfied the whole claim (including any claim for costs) on which the Claimant is seeking judgment; or (iii) filed or served on the Claimant an admission under RDC 15.14 or 15.24 together with a request for time to pay (RDC 13.6(3)).
4. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 5 July 2020.
5. The Claimant has followed the required procedure for obtaining Default Judgment [RDC 13.7 and 13.8].
6. The claim is for a specified sum of money and the request specifies the date by which the whole of the judgment debt is to be paid or the times and rate at which it is to be paid by instalments (RDC 13.9).
7. 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.
8. The DIFC Courts are satisfied that the conditions of RDC 13.22 and RDC 13.23 [defendant served outside jurisdiction] have been met.
9. 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 13.22/13.23).
ACCORDINGLY IT IS HEREBY ORDERED THAT:
10. The Request is granted.
11. The Defendants shall pay the Claimant within 14 days of the date of this Order the judgement sum of USD 346,834.55 (United States Dollars Three Hundred Forty-Six Thousand Eight Hundred Thirty-Four and Fifty-Five Cents) consisting:
11.1 USD 264,787.72 (United States Dollars two hundred and sixty four thousand seven hundred and eighty seven and seventy two cents) as the principal amount due since 17 May 2017; and
11.2 contractual default interest of USD 82,046.83 (United States Dollars Eighty-Two Thousand Forty-Six and Eighty-Three Cents), which has accrued from 17 May 2017 to 27 July 2020, and which continues to accrue.
12. Interest shall continue to accrue at the daily rate of 9% per annum from the date of judgment until the date of payment of the judgment amount by the Defendants to the Claimant.
13. The Defendants shall pay the Claimant’s costs of these proceedings in the amount of USD 36,383.19 which comprises the Claimant’s legal cost to the date of this request in the amount of USD 30,606.33 and the costs of the Court’s filing fee of the claim in the amount of USD 5,776.86.
Issued by:
Nour Hineidi
Deputy Registrar
Date of Issue: 28 July 2020
At: 12pm
