Settlement of a financial dispute between two companies that lasted 3 years, at a value of one million and 190 thousand dirhams

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 in the field of industrial chemical materials that lasted three years. A dirham for forty fils, and the legal interest at 9%, the value of goods imported from Germany for the defendant.

In detail, the plaintiff filed a lawsuit before a civil appeals court demanding that the defendant pay her an amount of $ 324,000, equivalent to one million and 190 thousand 48 dirhams and forty fils, with the legal interest of 9% from the date of filing the case in January 2018 until the date of assignment Fulfillment, with the inclusion of the order for expedited enforcement and obligating them to fees, expenses and attorneys' fees.

The plaintiff stated in the lawsuit newspaper, that it is a licensed company in Germany working in the manufacture and trade of chemical materials of all kinds, and that the defendant asked her to purchase chemical materials at a value exceeding one million and 190 thousand dirhams, as she prepared the materials and shipped them to the required port and delivered them to the defendant without making payment. Amounts owed by them.

She added that she notified the defendant according to a warning certified by the notary public with her assignment to fulfill her financial obligations within five days, with the legal interest. However, she found the defendant's office closed, so she affixed an advertisement on the company’s door and filed a case before a court of first instance to demand the bill of materials that had been made. Shipped for the benefit of the defendant.

The court of first instance decided to oblige the defendant to pay the plaintiff one million and 190 thousand 48 dirhams and forty fils, the value of the fixed debt in the invoice, the purchase order, the bill of lading and the bond claiming the legal interest annually, from the date of the judicial notice until the payment of fees and expenses is completed, but the decision was not accepted by the plaintiff. She appealed against him with the appeal and requested the annulment of the appealed judgment and the judiciary to dismiss it and obligate the plaintiff to pay the expenses and attorneys' fees based on a mistake in the application of the law and his responsibility, corruption in the inference, and failure to cause.

In its verdict, a civil appeals court affirmed that the expert opinion that it ordered its commission stated that the defendant had received the goods from one of the ports in the country and that she had financial dues in favor of the plaintiff, and that the defendant was unable to pay the sums due to the faltering of her financial conditions and the re-entry of an international company. Its structure and scheduling of its debts, and the defendant submitted a proposal to deduct 35% of the total amounts owed by her and install it over three years, which was rejected by the plaintiff company.

She explained that the documents established that the defendant acknowledged the debt and requested a time to settle her financial affairs, and pointed out that the decision is to obtain an understanding of the reality in the case and estimate its evidence, including expert reports from the authority of the court, which has the right to take the result that the expert has concluded when it is satisfied with the safety The foundations on which it is built without being obligated to respond to all appeals directed as long as you do not find in them what deserves a response

She pointed out that Article 113 of the Civil Transactions Law obliges the creditor to prove his right and the debtor denies it, and that Article 118 of the law states that the evidence is on the one who claimed and the oath on the one who denied, and since the court was satisfied with the expert’s report and the integrity of his research and then reassured about what It ended with the defendant being preoccupied with the debt owed to her by the plaintiff, in return for the goods received by her, as it requires the defendant to pay the plaintiff an amount of $ 324,000 or its equivalent in Emirati dirhams, worth one million and 190 thousand 48 dirhams and forty fils, and the benefits and legal By 9% from the date of the judicial claim that occurred in January 2018, until the date of payment, and obligated it in proportion to the expenses of the two degrees of litigation and against attorney fees.

Follow our latest local and sports news, and the latest political and economic developments via Google news