IDBI Bank Limited, DIFC Branch v (1) Chromeage FZE (2) Velocity Systems And Solutions LLC (3) Mr Durga Banerjee Bellamkonda [2023] DIFC CFI 069 (06 February 2023)

Claim No: CFI 069/2022

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

IDBI BANK LIMITED, DIFC BRANCH

Claimant

and

(1) CHROMEAGE FZE
(2) VELOCITY SYSTEMS AND SOLUTIONS LLC
(3) MR DURGA BANERJEE BELLAMKONDA

Defendants


DEFAULT JUDGMENT OF JUDICIAL OFFICER MAITHA ALSHEHHI


UPON the request made by the Claimant on 25 January 2023 (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 Defendants, 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 16 November 2022 permitting service of the claim form upon the Defendants by alternative means, namely, publication. The Claimant published the claim form in both English and Arabic newspapers on 23 November 2022 and 29 November 2022.

5. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 21 December 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 13.15.

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 6,901,635.05 (the “Amount”).

3. Pursuant to DIFC Practice Direction No. 4 of 2017, simple interest at the rate of 9% per annum shall accrue on the Amount from the date of this Order until date of full payment.

4. The Defendants shall jointly and severally pay the Claimant’s costs of these proceedings on the standard basis to be assessed by a Registrar, if not agreed.

5. The Claimant shall serve this Order upon the Defendants.

Issued by:
Delvin Sumo
Assistant Registrar
Date of Issue: 6 February 2023
At:4pm