Skip to Content

CFI 015/2014 Asif Hakim Adil v Frontline Development Partners Limited

CFI 015/2014 Asif Hakim Adil v Frontline Development Partners Limited

May 29, 2016

image_pdfimage_print

Claim No: CFI 015/2014

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BEFORE JUSTICE ROGER GILES

BETWEEN

ASIF HAKIM ADIL

                                                                                          Claimant

and

 

FRONTLINE DEVELOPMENT PARTNERS LIMITED

Defendant


  ORDER OF JUSTICE ROGER GILES


UPON the Judgment of Justice Roger Giles dated 3 April 2016 in these proceedings

AND UPON hearing Counsel for the Claimant and Counsel for the Defendant at a telephone hearing on 18 May 2016

IT IS HEREBY ORDERED THAT:

1.The Defendant’s Application No. CFI-015-2014/05 dated 21 April 2016 (the Without Prejudice Application) is dismissed.

2. The date of the Judgment issued be amended to 3 April 2016.

3. Judgment for the Claimant in the sum of AED 7,534,983.73 (or the US dollar equivalent at the time of payment) comprising the following:

(a) The sum of AED 1,100,970 representing the equivalent of 6 months’ salary in lieu of notice (USD 300,000).

(b) The sum of AED 218,032.87 representing end of service gratuity (USD 59,411.12).

(c) The sum of AED 5,990,662.55 representing the statutory penalty payable at a daily rate of USD 1643.84 pursuant to Article 18(2) of DIFC Employment Law Amendment Law, No 3 of 2012 from 15 July 2013 until the date of judgment (USD 1,632,333.12).

(d) Pre-judgment interest on the amounts in paragraphs 3a, 3b and 3c above amounting to AED 225,318.31 at the date of the Judgment.

4. The Defendant shall pay post-judgment interest on the amount of AED 7,534,983.73 in paragraph 3 above (or such proportion of that sum as is outstanding) from the date of judgment until payment at the rate of 2.03171%.

5. The statutory penalty payable pursuant to Article 18(2) of DIFC Employment Law Amendment Law, No 3 of 2012 shall continue to accrue at the daily rate or the AED equivalent of USD 1,643.84 from the date of judgment until payment in full of both of the amounts in paragraphs 3a and 3b above, and post-judgment interest shall accrue on the penalty at the rate set out in paragraph 4 above.

6. The Defendant’s Counterclaim is dismissed.

7. If the Claimant wishes to make an application for a third party costs order against Mr. Suresh Chaturvedi:

(a) The Claimant shall issue any such application in accordance with RDC Part 23 and shall file and serve evidence and written submissions in support by 8 June 2016.

(b) Chaturvedi shall file and serve any evidence and written submissions in response by 6 July 2016.

8. Consideration of costs reserved.

 

 

Issued by:

Natasha Bakirci

Assistant Registrar

Date of issue: 29 May 2016

At: 10am

X

Privacy Policy

The Dubai International Financial Centre and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.

Dubai International Financial Centre and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.

  1. DIFC Courts's Top Management is committed to secure information of all our interested parties.
  2. Information security controls the policies, processes, and measures that are implemented by DIFC Courts in order to mitigate risks to an acceptable level, and to maximize opportunities in order to achieve its information security objectives.
  3. DIFC Courts and all its affiliates shall adopt a systematic approach to risk assessment and risk treatment.
  4. DIFC Courts is committed to provide information security awareness among team members and evaluate the competency of all its employees.
  5. DIFC Courts and all its affiliates shall protect personal information held by them in all its form.
  6. DIFC Courts and all its affiliates shall comply with all regulatory, legal and contractual requirements.
  7. DIFC Courts and all its affiliates shall provide a comprehensive Business Continuity Plan encompassing the locations within the scope of the ISMS.
  8. Information shall be made available to authorised persons as and when required.
  9. DIFC Courts’s Top Management is committed towards continual improvement in information security in all our processes through regular review of our information security management system.
X

Disclaimer

The content of the DIFC Courts website is provided for information purposes only and should be disregarded when making decisions on inheritance and any other matters. Whilst every reasonable effort is made to make the information and commentary accurate and up to date, the DIFC Courts makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on this website, which is subject to change at any time without notice. The information and commentary does not, and is not intended to, constitute legal advice by the DIFC Courts or any person employed or connected with it or formerly so employed or connected, to any person on any matter, be it in relation to inheritance, succession planning or otherwise. You are strongly advised to obtain specific, personal advice from a suitably qualified lawyer in relation to your personal circumstances and your objectives. The DIFC Courts does not assume any liability and shall not be liable to you for any damages, including but not limited to, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website, its administration and any content or lack thereof found on it. The information on this web site is not to be displayed except in full screen format. Although care has been taken to provide links to suitable material from this site, no guarantee can be given about the suitability, completeness or accuracy of any of the material that this site may be linked to or other material on the internet. The DIFC Courts cannot accept any responsibility for the content of material that may be encountered therein.