Muran v Milind [2020] DIFC SCT 315

January 06, 2021 SCT - JUDGMENTS AND ORDERS

Claim No: SCT 315/2020

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

In the name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Ruler of Dubai

IN THE SMALL CLAIMS TRIBUNAL OF DIFC COURTS
BEFORE SCT JUDGE MAHA AL MEHAIRI

BETWEEN

MURAN

Claimant

and

MILIND

Defendant

---

Hearing :	13 December 2020
Judgment :	6 January 2021

---

JUDGMENT OF SCT JUDGE MAHA AL MHEIRI

---

UPON this Claim being filed on 10 September 2020

AND UPON the Defendant filing an Acknowledgment of Service intending to defend all of this Claim dated 1 October 2020

AND UPON the Defendant filing Counterclaim on 4 October 2020

AND UPON a Consultation being held before SCT Judge Delvin Sumo on 8 October 2020

AND UPON the parties failing to reach a settlement at the Consultation

AND UPON a Hearing having been held before SCT Judge Maha Al Mehairi on 6 and 13 December 2020, with the Claimant’s representative in attendance and the Defendant failing to attend although served notice of the Hearing

AND UPON reading the submissions and evidence filed on the Court file

AND PURSUANT TO Rule 53.61 of the Rules of the DIFC Courts (the “RDC”)

IT IS HEREBY ORDERED THAT:

1. The Defendant shall pay the Claimant a total sum of AED 492,764.09.

2. The Defendant’s Counterclaim is dismissed.

3. The Defendant shall pay the Claimant the DIFC Courts’ filing fee in the amount of AED 24,654.99.

Issued by:
Ayesha Bin Kalban
SCT Judge and Deputy Registrar
Date of issue: 6 January 2021
At: 2pm

THE REASONS

Parties

1. The Claimant is Muran, (the “Claimant”), an entity specialised in engineering, design and the construction of swimming pools and water features facilities located in Dubai.

2. The Defendant is Milind (the “Defendant”), an individual that retained the Defendant to carry out works in regards to her residence located in Dubai, UAE.

Preceding History

3. On 10 September 2020, the Claimant filed a claim in the DIFC Courts’ Small Claims Tribunal (the “SCT”) seeking the sum of AED 492,764.09 allegedly owed to the Claimant by the Defendant for unpaid invoices.

4. On 4 October 2020, the Defendant filed a Counterclaim requesting the sum of AED 1,700,202.

5. The parties met for a Consultation before SCT Judge Delvin Sumo on 8 October 2020, however, the parties failed to reach a settlement.

6. On 22 October 2020, the Defendant wrote to the SCT Registry requesting that the Counterclaim be determined by the SCT, the Claimant agreed to the Defendant’s proposal.

7. Upon the receipt of the parties’ agreement, the SCT Registry proceeded to obtain the approval of the Chief Justice of the DIFC Courts for the parties’ claims to be determined by the SCT, despite the Counterclaim’s monetary value.

8. The Chief Justice then proceeded to confirm the parties’ agreement by way of an Order dated 28 October 2020 whereby it was ordered, by consent, that the parties’ claims be determined by the SCT.

9. A Hearing was listed before me on 19 November 2020 to determine the merits of the case and was adjourned to allow the Defendant to seek representation, in accordance with her request to be represented. The Defendant wrote to the SCT Registry on 19 November seeking to revoke her proposal for the parties’ claims to be determined by the SCT.

10. On 10 December 2020, I dismissed the Defendant’s application and