May 17, 2020 court of first instance - Orders
Claim No: CFI 009/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
ALI MOUSA & SONS ALUMINIUM INDUSTRIES
and
SUN ENGINEERING & CONTRACTING LLC
ORDER OF H.E JUSTICE OMAR AL MUHAIRI
UPON reviewing the Default Judgment of Judicial Officer Nassir Al Nasser dated 17 March 2020 (the “Order”)
AND UPON reviewing the Defendant’s Application No. CFI-009-2020/1 dated 22 March 2020 seeking to set aside the Order (the “Set Aside Application”).
AND UPON reviewing the witness statement of Nandini Tiwari filed on 22 March 2020
AND UPON reviewing the Claimant’s Application No. CFI-009-2020/2 dated 29 April 2020 seeking to allow the Claimant to accept the Claimant’s Reply to the Defendant’s Evidence in Reply (dated April 15, 2020) and Third Witness Statement of Nandini Tiwari dated April 15, 2020 (the” Claimant’s Application”);
AND UPON reviewing the Defendant’s answer to the Application dated 4 May 2020
AND UPON reviewing all other documents recorded in the case file
IT IS HEREBY ORDERED THAT:
1. The Set Aside Application is granted.
2. The Order is set aside.
3. The Claimant shall serve the documents upon the Defendant in compliance with RDC 9.29.
4. The Claimant’s Application is granted.
5. Costs in relation to the Set Aside Application and the Claimant’s application are to be costs in the case.
6. Liberty to apply.
Issued by:
Nour Hineidi
Date of issue: 17 May 2020
At: 2pm
