Claim No: CFI 039/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
IDBI BANK LIMITED (DIFC BRANCH)
Claimant
and
(1) MACNES GENERAL TRADING LLC
(2) MR PRASHANT SETHI
Defendants
DEFAULT JUDGMENT OF JUDICIAL OFFICER MAITHA ALSHEHHI
UPON the request made by the Claimant on 6 October 2022 (the “Request”) for a Default Judgment in accordance with Rule 13.1 (1) and (2) of the Rules of the DIFC Courts (“RDC”) against the First and Second Defendant, it is found as follows:
1. The Request is not one prohibited by RDC 13.3.
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 Defendants have 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 in accordance with RDC 13.6(3).
4. The Claimant had obtained an order on 4 August 2022 permitting service of the claim form by alternative means via publication. The Claimant published the claim form in both English and Arabic newspapers on 9 August 2022 and 12 August 2022.
5. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 2 September 2022.
6. The Claimant has followed the required procedure for obtaining Default Judgment in accordance with RDC 13.7 and 13.8.
7. 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 in accordance with RDC 13.9.
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.
9. The DIFC Courts are satisfied that the conditions as set out in RDC 13.22 have been met.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
1. The Request is granted.
2. The Defendants shall jointly and severally pay the Claimant, within 14 days of issuance of this Order, the amount of USD 9,358,308.03 plus 12% interest per annum from the date of this Order until the date of full payment.
3. The Defendants shall jointly and severally pay the Claimant’s costs of these proceedings in the amount of USD 40,000.
4. The Claimant shall serve a copy of this Order upon the Defendants.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 11 October 2022
At:12pm