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CFI 008/2019 The National Bank of Ras Al Khaimah (P.S.C) v Mr Lakshmanan Sunil Kumar Pandarathil

CFI 008/2019 The National Bank of Ras Al Khaimah (P.S.C) v Mr Lakshmanan Sunil Kumar Pandarathil

March 20, 2019

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Claim No. CFI-008-2019

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

THE NATIONAL BANK OF RAS AL KHAIMAH (P.S.C)

Claimant

and

MR LAKSHMANAN SUNIL KUMAR PANDARATHIL

Defendant


DEFAULT JUDGMENT OF JUDICIAL OFFICER MAHA AL MEHAIRI


UPON the request made by the Claimant on 18 March 2019 for a Default Judgment (the “Request”) in accordance with Rule 13.1 (1) and (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 Defendant failed 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 Defendant has: (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 28 February 2019.

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 DIFC Courts are satisfied that the conditions of RDC 13.22 and RDC 13.23 have been met.

8. 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 13.23).

9. 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.

ACCORDINGLY IT IS HEREBY ORDERED THAT:

10. The Request is granted.

11. The Defendant shall pay the Claimant:

i. AED 2,350,300.42, being the principal sum and contractual interest outstanding under the Purchase Facility Agreement as at 31 December 2018;

ii. AED 351.48, being the rate of contractual interest per day from 31 December 2018.

iii. Together being “the Judgment Sum”.

12. The Defendant shall also pay the Claimant AED 53,215.50, being the Claimant’s legal costs incurred to the date of the filing of the application for Default Judgment, and the sum of AED 97,001.63, being the filing fee of the claim, together totalling AED 150,217.13.

13. The Defendant shall pay the amounts set out at paragraphs 7 and 8 within 14 days of this Order.

14. Pursuant to Practice Direction No. 4 of 2017 simple interest on the Judgment Sum shall accrue at a rate of 9% per annum from the date of this order.

Issued by:

Maha Al Mehairi

Judicial Officer

Date of Issue: 20 March 2019

At: 1pm

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