IDBI Bank Limited (DIFC Branch) v (1) Skyway Trading LLC (2) Kings Star Bakery LLC (3) Mr Johnkuttiyil Philip [2023] DIFC CFI 094 (25 April 2023)

Claim No. CFI 094/2022

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

IDBI BANK LIMITED (DIFC BRANCH)

Claimant

and

(1) SKYWAY TRADING LLC
(2) KINGS STAR BAKERY LLC
(3) MR JOHNKUTTIYIL PHILIP

Defendants


DEFAULT JUDGMENT OF H.E. JUSTICE MAHA AL MHEIRI


UPON the request made by the Claimant on 18 April 2023 for a Default Judgment against the Defendants in accordance with Part 13 of the Rules of the DIFC Courts (the “Request”) (“RDC”), it is found as follows:

1. The Request is not one prohibited under RDC 13.3 (1) or (2).

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 Claimant filed a Certificate of Service in respect of the Defendants under RDC 9.43 on 11 April 2023.

4. The Claimant has followed the required procedure for obtaining Default Judgment (RDC 13.7, 13.8).

5. 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.

AND UPON the Claimant’s Statement of Costs dated 24 April 2023

ACCORDINGLY, IT IS HEREBY ORDERED THAT:

1. The Request is granted.

2. The Defendants shall severally and jointly pay to the Claimant within 14 days, from the date of this Order, the judgment sum of USD 10,240,194.33 (the “Judgment Sum”).

3. Pursuant to UAE Federal Law No. 18 of 1993 concerning Commercial Transactions Law of the United Arab Emirates the Defendants shall pay to the Claimant interest on the Judgment Sum from 22 December 2022 until the date of full payment, at the rate of 12% annually.

4. The Defendants shall pay the Claimant’s costs of these proceedings in the amount of USD 75,126.10 which comprises: (1) USD 49,600 the Claimant’s legal costs, until the date this request was fully pleaded; and (2) USD 25,526.10 costs of the Court filing fees.

Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 25 April 2023
At: 9am