He rejected the request of a “faltering borrower” bank to pay 572.4 thousand dirhams

The Abu Dhabi-Primary Commercial Court sentenced a lawsuit filed by a bank against a faltering agent to pay a loan of 600,000 dirhams, noting that the bank (the plaintiff) violated the instructions and did not take sufficient guarantees, and granted the defendant a loan more than 20 times the total salary.

In the details, a bank filed a lawsuit against a customer, demanding that it be obligated to lead him an amount of 572 thousand and 474 dirhams with legal interest at 12% of the date of the entitlement until the full payment, indicating that the defendant obtained a loan of 600 thousand dirhams, in addition to the Murabaha, and violated the payment of the agreed premiums.

For its part, the court indicated in the reasons for its ruling that the licensed financial facilities must obtain sufficient guarantees for all types of facilities provided to customers from natural persons and individual institutions, in line with the customer’s income or guarantee, if any, and the size of the facilities required in accordance with the instructions, and no request, lawsuit or payment is accepted before the competent judicial authorities or arbitration bodies – if it is raised from one of the licensed financial facilities – regarding facilitating credit Introduction to a natural person or a private individual institution, in the event that it does not obtain the guarantees referred to.

The court indicated that the constant of the case papers is that the defendant obtained a banking facilitation consisting of a loan by the Murabaha road from the plaintiff, with an amount of 600 thousand dirhams that are not comprehensive of profit (and the amount of financing is comprehensive of the profit at 684 thousand and 539 dirhams), and that the constant from the papers and from the advisory experience report that the guarantees obtained by the plaintiff from the defendant are a certificate The bank loan system determines the amount of the personal loan by no more than 20 times the salary or the total income of the borrowed person.

And she continued that the contract is the law of the contractors, and each party is obligated to what it must be for the other, but this is conditional on not to violate the law or public order.

The court pointed out that the indication of the defendant’s salary certificate is that the net salary is 19 thousand and 362 dirhams, and the prosecutor granted him a loan that exceeded 20 times the salary, whether by calculating the origin of the loan or the loan comprehensively the murabaha, and that the plaintiff took one check, and he did not continue the bank loan system by taking a number of checks deferred the entitlement to cover the installments.

The court concludes that the plaintiff violated the instructions, ruled not to accept the lawsuit, obligate the plaintiff to pay the expenses, and in exchange for the law fees.

• The bank granted the customer (the defendant) a loan of more than 20 times the total salary.

• The guarantees obtained by the prosecutor from the customer are a certificate of an imminent salary.