Claim No: CFI 083/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
DUBAI ISLAMIC BANK PJSC
Claimant
and
JINESH ASHWIN DHARAMSEY
Defendant
AMENDED DEFAULT JUDGMENT OF JUDICIAL OFFICER MAITHA ALSHEHHI
UPON the request made by the Claimant on 27 March 2023 (the “Request”) for a Default Judgment in accordance with Rule 13.1(1) and (2) of the Rules of the DIFC Courts (the “RDC”) against the Defendants, and the accompanying affidavit of Craig Cothill dated 8 March 2023, it is found as follows:
1. The Request is not one prohibited by RDC 13.3.
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 Defendant has 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 in accordance with RDC 13.6(3).
4. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 22 December 2022.
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 in accordance with RDC 13.9.
7. The DIFC Courts are satisfied that the conditions as set out in RDC 13.22 and 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 in accordance with RDC 13.22 and RDC 13.23.
ACCORDINGLY, IT IS HEREBY ORDERED AND DECLARED THAT:
1. The Request is granted.
2. The Finance Lease Agreement dated 15 June 2017 was validly terminated on 25 May 2022.
3. The Defendant has no interest in office 104, liberty house, DIFC, Dubai (Folio number CP 01/104) (the “Property”).
4. The DIFC Registrar of Real Property shall deregister all interests in the name of the Defendant over the Property from the DIFC real property register.
5. The DIFC Registrar of Real Property shall issue a new title deed for the Property under the Claimant’s name.
6. The Defendant is forthwith evicted from the Property.
7. The Defendant shall pay the Claimant, within 14 days of issuance of this Order, the amount ofAED 606,598.08comprising:
(a) Rental arrears in the amount of AED 470,332.25; and
(b) Damages in the amount of AED 136,265.83.
8. The Defendant shall pay the Claimant’s costs of these proceedings on the standard basis to be assessed by a Registrar, if not agreed.
9. The Claimant shall serve this Order upon the Defendant.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 30 March 2023
Date of re-issue: 31 March 2023
At:12pm