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Mr. Nandlal Kalwani v (1) Mr. Sasha Shaikh (2) Mr. Sunil Ishwar Parmani [2014] DIFC CFI 029

Mr. Nandlal Kalwani v (1) Mr. Sasha Shaikh (2) Mr. Sunil Ishwar Parmani [2014] DIFC CFI 029

May 13, 2015

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Claim No. CFI 029/2014

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

MR. NANDLAL KALWANI

Claimant

and

(1)  MR. SASHA SHAIKH

(2)  MR. SUNIL ISHWAR PARMANI

Defendants


DEFAULT JUDGMENT


UPON the request made by the Claimant on 11 May 2015 for a Default Judgment in accordance with rule 13.1 (1) or (2) of the Rules of the DIFC Courts (“RDC”), it is found as follows:

1. The request is not one prohibited by RDC 13.3 (1) or (2).

2. 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 (RDC 13.4).

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 (RDC 13.6(3)).

4. The Claimant filed a two Certificates of Service under RDC 9.43 on 26 October 2014 in regards to the Second Defendant and on 25 March 2015 in regards to the First Defendant.

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 but the Courts will deal with it upon receipt of submissions requested in regards to interest.

8. The DIFC Courts are satisfied that the conditions of RDC 13.22/RDC 13.23 [defendants 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 are ordered to pay the Claimant the amount of AED 810,213.00 within 14 days.

 

Issued by:

Nassir Al Nasser

Judicial Officer

Date of Issue: 13 May 2015

At: 11am

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