IDBI Bank Limited (DIFC Branch) v (1) Skyway Trading LLC (2) Kings Star Bakery LLC (3) Mr Johnkuttiyil Philip [2023] DIFC CFI 094 (25 April 2023)

IDBI Bank Limited (DIFC Branch) v (1) Skyway Trading LLC (2) Kings Star Bakery LLC (3) Mr Johnkuttiyil Philip [2023] DIFC CFI 094 (25 April 2023)

Default judgment granted as defendants failed to file acknowledgment of service or defence within the prescribed time, and claimant complied with procedural requirements.

Citation
[2023] DIFC CFI 094
Parties
Claimant: IDBI Bank Limited (DIFC Branch); Defendant: Skyway Trading LLC; Defendant: Kings Star Bakery LLC; Defendant: Mr Johnkuttiyil Philip
Jurisdiction
United Arab Emirates
Judgment Date
25 April 2023
Procedural Posture
Commercial Claim / Default Judgment
Outcome
default judgment granted
Legal Topics
Default Judgment, Commercial Transactions, Interest, Costs
Commercial Law Default Judgment Commercial Transactions Interest Costs

Case Brief

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Parties

IDBI Bank Limited (DIFC Branch)

Claimant

Skyway Trading LLC

Defendant

Kings Star Bakery LLC

Defendant

Mr Johnkuttiyil Philip

Defendant

Procedural Posture

Commercial Claim / Default Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to default judgment against the defendants for failure to file acknowledgment of service or defence
  2. 2 Entitlement to interest and costs

Ratio Decidendi

Default judgment granted as defendants failed to file acknowledgment of service or defence within the prescribed time, and claimant complied with procedural requirements.

Court Disposition

default judgment granted

Orders

  • Defendants to pay claimant USD 10,240,194.33 within 14 days
  • Defendants to pay interest at 12% annually from 22 December 2022 until full payment