Al Ain Commercial Court ordered the owner of a commercial license to return 15,000 dirhams to one of his employees after he sold him the commercial license of the establishment, and he did not complete the procedures for transferring the commercial register, and the court considered the sale agreement invalid.
In the details, a man filed a lawsuit, at the conclusion of which he demanded a ruling to oblige the defendant to pay him 18,000 dirhams, obligating him to pay fees and expenses and in return for attorney’s fees, noting that the defendant borrowed the amount from him, and when he asked for his refund, he delayed payment, and demanded that witnesses be cited. For the incident and swearing by the defendant decisive oath.
While the defendant submitted a memorandum in which he denied the accusation, and indicated that the plaintiff works in the institution he owns, and all financial transactions between them were documented in writing with signed bonds, and he did not receive any amounts from the plaintiff as a debt, and requested that the lawsuit be rejected, and in precaution, the lawsuit was referred to the investigation and his witnesses were heard .
For his part, the plaintiff’s defense explained, during the consideration of the case, that the defendant sold his client a commercial license for the amount of 15,000 dirhams, and received an additional 3,000 dirhams for transportation procedures, bringing the total amount handed to him 18,000 dirhams, but after receiving the amount he did not hand over the license , claiming that there was a circular on it, and some problems, and it is difficult to transfer them to him, and he did not refund the amount.
While the defendant admitted that he had sold a commercial license to the plaintiff for only 15,000 dirhams, and received the amount from him, the defendant did not complete the procedures for selling and transferring the license, denying that he had received from the plaintiff an amount of 3,000 dirhams for the procedures for transferring the license, and he took the decisive oath in the form approved by the court, where he swore That he only received 15,000 dirhams from the plaintiff for the license, and he did not receive the 3,000 dirhams for the procedures for transferring the license.
For its part, the court clarified in the merits of its ruling that the evidence from the lawsuit papers is that the defendant sold to the plaintiff a commercial license in the amount of 15,000 dirhams, and this was not a matter of dispute between the two parties, and it was found to the court that the parties to the contract did not complete the procedures under the disposal of the commercial registry, according to The procedures stipulated by law, and after the expiry of the period specified for accepting the objection to the aforementioned act, the sale agreement referred to will be void, and the court ruled to obligate the defendant to pay the plaintiff 15,000 dirhams, obligating him to commensurate with this amount of fees and expenses, and rejected other requests.