DIFC 025/2020
Union Bank Of India (DIFC Branch) v (1) Velocity Industries LLC (2) Velocity Venture Limited (3) Umaku Trade Invest Limited (4) Vijey Kapoor (5) Ravi Kuchimanchi (6) Rajender Makhijani (7) Parag Gupta (8) Devika [swati] Makhijani
The initial dispute involved a breach of a facility agreement where a number of the parties were guarantors. This case was a request to set aside a default judgment and strike out parts of the claim against them. A key point was whether service procedures had been properly followed and if the necessary steps had been followed where service was being done by email.
Background
The Sixth, Seventh and Eighth Defendants each made an application to set aside judgment entered in default in relation to the above claim, and applications for striking the parts of the Claim against them. This was the 18 October Application.
The claim related to a facility agreement between the Claimant and First Defendant made in around April 2014/. The Sixth, Seventh and Eighth Defendants were, at the time, directors and shareholders of the First Defendant. In June 2017 the Facility Agreement was enhanced and the Sixth, Seventh and Eighth Defendants were required to provide personal guarantees.