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You are here: BAILII >> Databases >> The Dubai International Financial Centre >> Mikhail Polunin v Vladislav Sossenkin [2024] DIFC CFI 082 (15 February 2024) URL: http://www.bailii.org/ae/cases/DIFC/2024/DCFI_082.html Cite as: [2024] DIFC CFI 82, [2024] DIFC CFI 082 |
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CFI 082/2023 Mikhail Polunin v Vladislav Sossenkin
February 15, 2024 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 082/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MIKHAIL POLUNIN
Claimant
and
VLADISLAV SOSSENKIN
Defendant
ORDER OF H.E. JUSTICE MAHA AL MHEIRI
UPON the request made by the Claimant on 24 January 2024 for a Default Judgment against the Defendant in accordance with Part 13 of the Rules of the DIFC Courts (the “Request”)
AND UPON reviewing all evidence filed and recorded on the court file
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 Defendant 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.
3. The Claimant filed a Certificate of Service in respect of service of the Defendant under RDC 9.43 on 28 December 2023.
4. The Claimant has followed the required procedure for obtaining Default Judgment pursuant to RDC 13.7 and 13.8.
5. The Request includes a request for an amount of money to be decided by the Court pursuant to RDC 13.16
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
1. The Request is granted.
2. The Defendant shall transfer the HDL Shares to the Claimant and/or its designated assignee pursuant to the terms of the Option Agreement, within 14 days.
3. The Defendant shall pay to the Claimant damages for losses arising as a consequence of his breaches of the Option Agreement, to be assessed by the Court.
4. The Defendant shall pay the Claimant’s costs of these proceedings in the amount of USD 22,541.71 which comprises: (1) the Claimant’s legal costs until the date this Request was fully pleaded in the amount of USD 20,391.71; and (2) the amount of USD 2,150 as costs of the Court filing fees.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 15 February 2024
At: 9am