Transcom DMCC v KPR Agrochem LTD [2019] DIFC CFI 024 (30 March 2020)

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URL: http://www.bailii.org/ae/cases/DIFC/2020/cfi_024.html
Cite as: [2019] DIFC CFI 024

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Transcom DMCC v KPR Agrochem LTD [2019] DIFC CFI 024

March 30, 2020 Court of First Instance -Judgments

Claim No. CFI 024/2019

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

Court

IN THE COURT

Court
OF FIRST INSTANCE

BETWEEN

TRANSCOM DMCC

Claimant

Claimant

and

KPR AGROCHEM LTD

Defendant

Defendant


AMENDED DEFAULT JUDGMENT OF JUDICIAL OFFICER MAHA AL MEHAIRI


UPONthe request made by the Claimant on 19 August 2019 for a Default Judgment (the “Request”) in accordance with Rule 13.1 (1) and (2) of the Rules of the DIFC Courts

DIFC Courts
(“RDC”), it is found as follows:

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

2. The Defendant failed to file a Defence to the claim (or any part of the claim) with the DIFC

DIFC
Courts (RDC 13.4).

3. The Defendant has not : (i) applied to the DIFC Courts to have the Claimant’s Service

Service
in accordance with RDC 9.43 on 21 August 2019.

5. The Claimant has followed the required procedure for obtaining Default Judgment (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 DIFC Courts are satisfied that the conditions of RDC 13.22 and RDC 13.23 have been met.

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 (RDC 13.23).

ACCORDINGLY IT IS HEREBY ORDERED THAT:

9. The Request is granted.

10. The Claimant is within its right to enforce the Deed of Acknowledgment of Debt and Guarantee dated 10 May 2017;

11. The Defendant is in breach of the undertakings and obligations to repay the Outstanding amount of US $ 2,481,035 pursuant to the terms of the Settlement Agreement and the Deed of Acknowledgment of Debt and Guarantee;

12. The Defendant is liable to settle the total Outstanding Liability of US $ 2,481,035, along with 9% interest (as provided under Practice Direction 4 of 2017), which is payable from the date the judgment is issued;

13. In the interim, the Defendant shall be prevented from dealing with or disposing of his assets within this jurisdiction and outside of the DIFC and

14. The Defendant is ordered to pay the Claimant legal costs and expenses including court fee incurred in connection with the preparation and conduct of these proceedings should the parties fail to agree, such costs may be assessed by the Registrar

Registrar
of the DIFC Courts.

Issued by:

Nour Hineidi

Deputy Registrar

Deputy Registrar

Date of Issue: 5 September 2019

Date of Re-issue: 29 March 2020

At: 11am


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URL: http://www.bailii.org/ae/cases/DIFC/2020/cfi_024.html