Claim No. CFI 058/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
IDBI BANK LIMITED
Claimant
and
(1) GERCORE TECHNICAL SERVICES
(2) ETERNITY PETROLEUM CONSTRUCTION LLC
(3) GERCORE RADIATORS CO LLC
(4) VANDOTHARA GENERAL TRADING LLC
(5) COOLING WORLD CENTER DUBAI
(6) COOLING WORLD CENTER KSA
(7) MR RADHAKRISHNAN BHASKARAN VANDOTHRA
Defendants
DEFAULT JUDGMENT OF H.E. JUSTICE NASSIR AL NASSER
UPON reviewing the Request of the Claimant dated on 26 June 2023 for 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 Defendants has 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 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 (RDC 13.6(3)).
4. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 2 May 2023.
5. The Claimant has followed the required procedure for obtaining Default Judgment in accordance with 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 Request includes a request for interest pursuant to RDC 13.14 and the Claim Form sets out the calculation of interest in the Claim.
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 in accordance with RDC 13.22 and 13.23.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
1. The Request is granted.
2. The Defendants shall jointly and severally pay the Claimant the sum ofUSD 3,210,781.55as the principal amount plus interest at the rate of 9% per annum from the date of this Judgment until the date of full payment.
3. The Defendants jointly and severally are ordered to pay the Claimant the sum ofUSD 42,175of legal costs incurred.
4. The Defendants shall jointly and severally pay the Claimant the Court fees in the amount ofUSD 14,968.86.
5. The Claimant shall serve this Judgment upon the Defendants.
Issued by:
Hayley Norton
Assistant Registrar
Date of Issue: 10 July 2023
At: 3pm