A company manager visits supplier invoices and seizes checks worth 1.9 million dirhams

The Abu Dhabi Court for Family and Civil and Administrative Claims ruled that the director of computer systems in one of the companies must return to the company an amount of 145,136 dirhams, price differences seized from falsifying supplier invoices, with an obligation to return 15,000 dirhams, and return the assets of 3 checks with a total amount of one million and 900 thousand dirhams. The defendant had seized it from the company.

In the details, a company filed a lawsuit against its manager of "foreign nationality", requesting that the defendant be obligated to pay her the sum of 685 thousand and 902 dirhams, which he seized from the company and fixed according to experience reports, in addition to the delayed interest of 12% from the date of seizure until the completion Payment, and obligating him to compensate her for material and moral damages at the amount of one million dirhams, and obligating him to hand over to her the assets of 3 checks with a total amount of one million and 900 thousand dirhams drawn on one of the banks operating in the country, with obligating the defendant to pay fees and expenses and to include the judgment with expedited enforcement without guarantee.

The plaintiff indicated that the defendant was working for it as a computer systems manager, and he seized and squandered sums of money, and a criminal judgment was issued against him, convicting him of imprisonment for a period of 3 months and obligating him to pay expenses and distances from the state in the event of the execution of the penalty, and since that was and the defendant did not return the sums , while the defendant’s defense submitted a reply memorandum, in which it concluded that the court had no jurisdiction locally to hear the case, and that it was not permissible to consider the case that was previously decided under the criminal case, and the case was rejected for lack of validity and obligated it to pay expenses.

For its part, the court clarified in the merits of its ruling that the plea that the court does not have a local jurisdiction to hear the case, it is legally established that the jurisdiction is for the court in whose circuit the defendant’s domicile is located, unless the law stipulates otherwise. His place of residence or place of work, and it is permissible to file a lawsuit with the court in whose jurisdiction the damage occurred, in cases of compensation due to the occurrence of damage to life or money.

The court indicated that what is established from the facts of the criminal case and the ruling issued in it is that the defendant squandered the sums of money and checks owned by the plaintiff and delivered to him by way of agency to be used in a specific matter for the benefit of its owner, so he embezzled them for himself to the detriment of the defendant and committed forgery in unofficial documents by receiving invoices from suppliers The claimant party and changed the fixed value therein by adding a number to the real value, and proved, contrary to the truth, that the suppliers were entitled to the counterfeit value from him, and he submitted those invoices to his employer, arguing what was written in the suppliers’ entitlement to the counterfeit value, which resulted in harm to the claiming party by paying more than the amounts due to be paid And he seized for himself the price difference between the correct bills and the forged bills before him, which amounted to 145,136 dirhams.

The court ruled obligating the defendant to return to the plaintiff an amount of 145,136 dirhams, and the delayed interest at the rate of 4% from the date of filing the lawsuit until full payment, and obligating him to compensate the plaintiff financially and morally in the amount of 15 thousand dirhams, in addition to obligating the defendant to return the assets of 3 checks with obligating the plaintiff He pays fees and expenses and refuses other requests.

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