October 25, 2023 SCT - JUDGMENTS AND ORDERS
Claim No: SCT 314/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
In the name of His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Ruler of Dubai
IN THE SMALL CLAIMS TRIBUNAL OF DIFC COURTS
BEFORE H.E. JUSTICE NASSIR AL NASSER
BETWEEN
MITUL
Claimant
and
MURTIL
Defendant
| Hearing : | 17 October 2023 |
|---|---|
| Judgment : | 25 October 2023 |
JUDGMENT OF H.E. JUSTICE NASSIR AL NASSER
UPON a Hearing having been listed before H.E Justice Nassir Al Nasser on 17 October 2023, with the Claimant’s and the Defendant’s representatives in attendance
AND UPON reading the submissions and evidence filed and recorded on the Court file
IT IS HEREBY ORDERED THAT:
1. The Defendant shall pay the Claimant the sum of AED 11,929.16 plus interest at the rate of 2% per month from 23 August 2023 to the date of full payment.
2. The Defendant shall pay the Claimant the Court filing fee in the sum of AED 596.45.
Issued by:
Hayley Norton
SCT Judge and Assistant Registrar
Date of Issue: 25 October 2023
At: 12pm
THE REASONS
Parties
1. The Claimant is Mitul (the “Claimant”), a company registered in Umm Al Quwain, UAE.
2. The Defendant is Murtil (the “Defendant”), a company registered in Dubai, UAE.
Background and Procedural History
3. The underlying dispute is in regards to unpaid invoices arising from purchase orders made by the Defendant.
4. On 23 August 2023, the Claimant filed a claim with the DIFC Courts’ Small Claims Tribunal (the “SCT”) seeking payment from the Defendant for alleged unpaid invoices amounting to the sum of AED 11,929.16.
5. On 1 September 2023, the Defendant filed an Acknowledgment of Service with the intention to defend part of the claim.
6. The parties met for a Consultation with SCT Judge Shahla Al Ghareeb on 12 September 2023 but were unable to reach a settlement.
7. In line with the rules and procedures of the SCT, this matter was referred to me for determination, pursuant to a Hearing held on 17 October 2023, at which the Claimant’s and the Defendant’s representatives were in attendance.
Claim
8. The Claimant’s Claim in the sum of AED 11,929.16 consists of the following:
(a) Overdue amount against the invoices in the sum of AED 11,108.16:
(i) Invoice No. 001 dated 4 January 2023 in the sum of AED 3,702.72 due on 4 April 2023;
(ii) Invoice No. 002 dated 4 February 2023 in the sum of AED 3,702.72 due on 5 May 2023; and
(iii) Invoice No. 003 dated 2 March 2023 in the sum of AED 3,702.72 due on 31 May 2023.
(b) Interest charges at the rate of 2% per month from the invoices due date to 22 August 2023 in the sum of AED 821;
(c) DIFC Courts fees in the sum of AED 596.45; and
(d) Interest at the rate of 2% per month calculated from 22 August 2023 until the entire amount is paid by the Defendant.
9. The Defendant does not seek to dispute the invoices in the sum of AED 11,108.16 and has agreed to pay. However, the Defendant disagrees with the Claimant’s claim for interest at the rate of 2% per month.
10. The Defendant submits that the parties have not signed an agreement which reflects that in the event of late payment, interest would be charged.
Finding
11. The Defendant sent the Claimant three (3) purchase orders. In response, the Claimant supplied the Defendant with the orders requested and provided an invoice which has been signed and stamped by the Defendant.
12. Each of the invoices contained terms and conditions addressing the following points:
(a) Condition on whether there was a discrepancy;
(b) DIFC Courts opt-in clause; and
(c) 2% Interest rate per month on unpaid invoices.
13. Therefore, I have found that the Defendant’s actions of accepting the material purchased, and by signing the invoices, it has in turn agreed to the Claimant’s terms and conditions set out therein.
14. I find the Defendant is liable to pay the Claimant the invoice amount, interest at the rate of 2% per month from the due date until the date of full payment, and in addition the Defendant is liable to pay the Claimant the Court fees.
15. The Claimant has calculated the interest from the due date until 22 August 2023 in the sum of AED 821. The interest shall continue at the rate of 2% per month from 23 August 2023 to the date of full payment.
Conclusion
16. In light of the aforementioned, the Defendant shall pay the Claimant the sum of AED 11,929.16, plus interest at the rate of 2% per month from 23 August 2023 to the date of full payment.
17. The Defendant shall pay the Claimant the Court filing fee in the sum of AED 596.45.
