Its value is 1.2 million dirhams

Settlement of a financial dispute between two companies that lasted 3 years

The “Ras Al Khaimah Civilian’s Appeal” obligated the defendant to pay the debt and interest.

From the source

A civil appeals court in the courts of Ras Al Khaimah settled a financial dispute between a German company and a private company in Ras Al Khaimah specialized in the field of industrial chemicals, which lasted for three years. And 40 fils, and the legal interest at 9%, the value of goods imported from Germany for the benefit of the defendant.

In detail, the plaintiff filed a lawsuit before a civil appeals court, in which it demanded that the defendant pay her $ 324,000 (one million and 190 thousand 48 dirhams and 40 fils), with a legal interest of 9%, from the date of the case's registration in January 2018 until the date of assignment to fulfill , With the inclusion of the order for expedited enforcement, and its binding on fees, expenses and attorneys' fees.

The German company stated that the defendant asked her to purchase chemical materials, as she prepared the materials and shipped them to the requested port, and delivers them to the defendant without paying the sums owed by them.

She added that she warned the private company according to a warning certified by the notary, while mandating it to fulfill its financial obligations within five days, with the legal interest, but she found the defendant’s headquarters closed, so she affixed an advertisement on the company’s door, and filed a lawsuit before a court of first instance, to demand the bill of materials. That was shipped in favor of the respondent.

The court of first instance decided to oblige the defendant to pay the plaintiff the value of the fixed debt in the invoice, purchase order, bill of lading, and the legal interest bond annually, from the date of the judicial notice until the completion of payment, fees and expenses, but the decision was not accepted by the defendant, so she challenged him with an appeal, and requested the annulment of the judgment The appellant and the judiciary to refuse him and to oblige the plaintiff to pay the expenses and attorneys' fees, based on a mistake in the application of the law and its interpretation, corruption in the reasoning and lack of causation.

In its verdict, a civil appeals court affirmed that the expert report that ordered its commission stated that the defendant had received the goods from one of the ports in the state, and that she had financial dues for the plaintiff's interest, and that the defendant was unable to pay the sums due to the failure of her financial conditions, and the establishment of a company International to restructure and reschedule its debts, and the defendant submitted a proposal to deduct 35% of the total amounts owed by her, and to install them over three years, which was rejected by the plaintiff company.

She explained that the documents established that the private company approved the debt and requested a time-limit to settle its financial affairs, and indicated that Article 113 of the Civil Transactions Law obliged the creditor to prove his right and the debtor denies it. The plaintiff has an amount of $ 324,000 or its equivalent in Emirati dirhams, and the legal interest and interest is 9% from the date of the judicial claim, which took place in January 2018, until the date of payment.

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