October 31, 2025 court of first instance - Orders
Claim No. CFI 050/2025
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
BYJU’S ALPHA INC.
Claimant
and
(1) BYJU RAVEENDRAN
(2) DIVYA GOKULNATH
Defendants
ORDER WITH REASONS OF H.E. JUSTICE RENE LE MIERE
UPON the Claimant’s Application No. CFI-050-2025/1 dated 15 May 2025, seeking an interim freezing order and provision of information order against the Defendants (the “Injunction Application”)
AND UPON hearing counsel for the Claimant at an ex parte hearing before H.E. Justice Rene Le Miere on 20 May 2025
AND UPON the Order of H.E. Justice Rene Le Miere issued on 21 May 2025 (the “Injunction”)
AND UPON the Claimant’s Application No. CFI-050-2025/2 dated 23 May 2025, for the continuation of the Injunction (the “Continuation Application”)
AND UPON the Court directing by email dated 20 June 2025 that the hearing on 25 June 2025 at which the “Return Date” in paragraph 1 of the Injunction was to be heard would proceed as a directions hearing, including an interim continuation of the Injunction
AND UPON hearing counsel for the Claimant and counsel for the Defendants at a hearing before H.E. Justice Rene Le Miere on 25 June 2025
AND UPON the Return Date listed before H.E. Justice Rene Le Miere on 31 July 2025 and 1 August 2025
AND UPON the Defendants’ Application No. CFI-050-2025/4 dated 8 July 2025, seeking to discharge the Injunction
AND UPON the Order of H.E. Justice Rene Le Miere dated 22 July 2025 stating that the Injunction shall continue until further order of the Court (the “22 July Order”)
AND UPON the Defendants’ Application No. CFI-050-2025/5 dated 25 July 2025, seeking to vary the 22 July Order to state that the Return Date is adjourned to the first mutually available date after 15 October 2025 (the “Adjournment Application”)
AND UPON the Order of H.E. Justice Rene Le Miere dated 30 July 2025, granting the Adjournment Application in part and ordering the Defendants to pay the Claimant’s costs of the Adjournment Application pursuant to paragraphs 5 and 6 (the “Adjournment Order”)
IT IS HEREBY ORDERED THAT:
1. The Defendants shall pay the Claimant’s costs, assessed as follows:
(a) USD 51,736.67 in respect of costs of and incidental to the Adjournment Application.
(b) USD 143,835.68 in respect of costs thrown away due to the adjournment.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 31 October 2025
At: 9am
SCHEDULE OF REASONS
1. This is the Court’s judgment on the Claimant’s costs arising from the Defendants’ Adjournment Application, which was partially granted by the Adjournment Order.
2. Pursuant to paragraphs 5 and 6 of the Adjournment Order, the Defendants were ordered to pay:
(a) The Claimant’s costs of and incidental to the Adjournment Application; and
(b) The Claimant’s costs thrown away by reason of the adjournment of the hearing scheduled for 31 July and 1 August 2025.
3. The Claimant filed submissions on costs, seeking:
(a) USD 51,736.67 in respect of costs of and incidental to the Adjournment Application; and
(b) USD 143,835.68 in respect of costs thrown away due to the adjournment.
4. The Defendants were given an opportunity to respond to the Claimant’s submissions but failed to do so.
5. In the absence of any challenge or alternative submissions from the Defendants, the Court proceeds to assess the Claimant’s costs summarily.
6. The Court is satisfied that the Claimant’s costs have been calculated on a reasonable and proportionate basis, supported by itemised schedules and a conservative methodology. In particular:
(a) The costs of and incidental to the Adjournment Application are limited to the relevant period and exclude unrelated work.
(b) The costs thrown away have been calculated as 25% of the Claimant’s overall costs for the Return Date Hearing, after appropriate deductions for work relating to other matters and work deemed to retain value.
(c) There is no evidence and no reason to find that any of the costs claimed were incurred unreasonably or improperly or are not proportionate.
7. The Court will order:
(a) The Defendants shall pay the Claimant’s costs assessed as follows:
(i) USD 51,736.67 in respect of costs of and incidental to the Adjournment Application.
(ii) USD 143,835.68 in respect of costs thrown away due to the adjournment
