IDBI Bank Limited, DIFC Branch v (1) Chromeage FZE (2) Velocity Systems And Solutions LLC (3) Mr Durga Banerjee Bellamkonda [2023] DIFC CFI 069 (06 February 2023)

IDBI Bank Limited, DIFC Branch v (1) Chromeage FZE (2) Velocity Systems And Solutions LLC (3) Mr Durga Banerjee Bellamkonda [2023] DIFC CFI 069 (06 February 2023)

The court granted default judgment as the Defendants failed to acknowledge service or file a defence within the required time, service by publication was validly effected, and all procedural requirements for default judgment were satisfied.

Citation
[2023] DIFC CFI 069
Parties
Claimant: IDBI Bank Limited, DIFC Branch; Defendant: Chromeage FZE; Defendant: Velocity Systems And Solutions LLC; Defendant: Mr Durga Banerjee Bellamkonda
Jurisdiction
United Arab Emirates
Judgment Date
06 February 2023
Procedural Posture
Civil Claim for Specified Sum / Default Judgment at First Instance
Outcome
Default judgment granted for Claimant
Legal Topics
Default Judgment, Service by Publication, Joint and Several Liability, Interest on Judgment Debt, Costs Assessment
Civil Procedure Banking Law Default Judgment Service by Publication Joint and Several Liability Interest on Judgment Debt Costs Assessment

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Parties

IDBI Bank Limited, DIFC Branch

Claimant

Chromeage FZE

Defendant

Velocity Systems And Solutions LLC

Defendant

Mr Durga Banerjee Bellamkonda

Defendant

Procedural Posture

Civil Claim for Specified Sum / Default Judgment at First Instance

Legal Issues

  1. 1 Whether the conditions for default judgment under RDC 13 are satisfied
  2. 2 Whether service by publication was validly effected
  3. 3 Whether the claim is for a specified sum and interest

Ratio Decidendi

The court granted default judgment as the Defendants failed to acknowledge service or file a defence within the required time, service by publication was validly effected, and all procedural requirements for default judgment were satisfied.

Court Disposition

Default judgment granted for Claimant

Orders

  • Defendants to pay USD 6,901,635.05 jointly and severally within 14 days
  • Simple interest at 9% per annum on the amount from date of order until full payment