IDBI Bank Limited v Gercore Technical Services & Ors [2023] DIFC CFI 058 (10 July 2023)

IDBI Bank Limited v Gercore Technical Services & Ors [2023] DIFC CFI 058 (10 July 2023)

The claimant is entitled to default judgment as all procedural requirements under the DIFC Courts Rules for default judgment have been satisfied and the defendants failed to respond to the claim.

Citation
[2023] DIFC CFI 058
Parties
Claimant: IDBI Bank Limited; Defendant: Gercore Technical Services; Defendant: Eternity Petroleum Construction LLC; Defendant: Gercore Radiators Co LLC; Defendant: Vandothara General Trading LLC; Defendant: Cooling World Center Dubai; Defendant: Cooling World Center KSA; Defendant: Mr Radhakrishnan Bhaskaran Vandothra
Jurisdiction
United Arab Emirates
Judgment Date
10 July 2023
Procedural Posture
Civil Claim for Debt Recovery / Default Judgment at First Instance
Outcome
Default judgment granted for the claimant against all defendants jointly and severally.
Legal Topics
Default Judgment, Debt Recovery, Interest on Judgment Debt, Legal Costs, Court Fees
Civil Procedure Commercial Law Default Judgment Debt Recovery Interest on Judgment Debt Legal Costs Court Fees

Case Brief

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Parties

IDBI Bank Limited

Claimant

Gercore Technical Services

Defendant

Eternity Petroleum Construction LLC

Defendant

Gercore Radiators Co LLC

Defendant

Vandothara General Trading LLC

Defendant

Cooling World Center Dubai

Defendant

Cooling World Center KSA

Defendant

Mr Radhakrishnan Bhaskaran Vandothra

Defendant

Procedural Posture

Civil Claim for Debt Recovery / Default Judgment at First Instance

Legal Issues

  1. 1 Whether the claimant is entitled to default judgment for the specified sum against the defendants
  2. 2 Whether the procedural requirements for default judgment under DIFC Rules have been satisfied

Ratio Decidendi

The claimant is entitled to default judgment as all procedural requirements under the DIFC Courts Rules for default judgment have been satisfied and the defendants failed to respond to the claim.

Court Disposition

Default judgment granted for the claimant against all defendants jointly and severally.

Orders

  • Defendants to pay claimant USD 3,210,781.55 as principal amount plus interest at 9% per annum from date of judgment until full payment.
  • Defendants to pay claimant USD 42,175 in legal costs.