Mr. Nandlal Kalwani v (1) Mr. Sasha Shaikh (2) Mr. Sunil Ishwar Parmani [2014] DIFC CFI 029 (13 May 2015)

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URL: http://www.bailii.org/ae/cases/DIFC/2015/cfi_029.html
Cite as: [2014] DIFC CFI 029

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Mr. Nandlal Kalwani v (1) Mr. Sasha Shaikh (2) Mr. Sunil Ishwar Parmani [2014] DIFC CFI 029

May 13, 2015 Court of First Instance -Judgments,Judgments

Claim No. CFI 029/2014

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

Court

IN THE COURT

Court
OF FIRST INSTANCE

BETWEEN

MR. NANDLAL KALWANI

Claimant

Claimant

and

(1) MR. SASHA SHAIKH

(2) MR. SUNIL ISHWAR PARMANI

Defendants


DEFAULT JUDGMENT


UPONthe request made by the Claimant on11 May 2015for a Default Judgment in accordance with rule 13.1 (1) or (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 Defendants have failed to file an Acknowledgment of Service

Service
or a Defence to the claim (or any part of the claim) with the DIFC
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 Defendant

Defendant
and on 25 March 2015 in regards to the First Defendant.

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 request includes a request for interest pursuant to RDC 13.14 and the Claim Form sets out the calculation of interest in the claim but the Courts will deal with it upon receipt of submissions requested in regards to interest.

8. The DIFC Courts are satisfied that the conditions of RDC 13.22/RDC 13.23 [defendants served outside jurisdiction] have been met.

9. 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 13.22/13.23).

ACCORDINGLY IT IS HEREBY ORDERED THAT:

10. The request is granted.

11. The Defendants are ordered to pay the Claimant the amount ofAED 810,213.00within 14 days.

 

Issued by:

Nassir Al Nasser

Judicial Officer

Date of Issue: 13 May 2015

At: 11am


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URL: http://www.bailii.org/ae/cases/DIFC/2015/cfi_029.html