March 07, 2021 court of first instance - Orders
Claim No. CFI 014/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
UAE ENTERPRISES BUILDING MATERIAL TRADING L.L.C
Claimant
and
ARABTEC CONSTRUCTION L.L.C
Defendant
DEFAULT JUDGMENT MADE BY H.E. JUSTICE MAHA AL MHEIRI
UPON the request made by the Claimant on 3 March 2021 for a Default Judgment against the Defendants in accordance with Part 13 of the Rules of the DIFC Courts (the “Request”) (“RDC”), it is found as follows:
1. The Request is not one prohibited under RDC 13.3 (1) or (2).
2. The Request is one permitted by RDC 13.4 on the basis that the Defendants have failed to file an Acknowledgment of Service or a Defence to the claim (or any part of the claim), with the DIFC Courts, and the relevant time for so doing has expired.
3. The Claimant filed a Certificate of Service in respect of the Defendant under RDC 9.43 on 8 February 2021.
4. The Claimant has followed the required procedure for obtaining Default Judgment (RDC 13.7, 13.8).
5. The Request includes a request for interest pursuant to RDC 13.14 and the Claim Form sets out the calculation of interest in the claim.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
6. The Request is granted.
7. The Defendant shall pay the Claimant within 14 days of the date of this Order the judgment sum of AED 850,399.92 comprising:
(a) AED 737,003.09 being the principal amount outstanding under the Invoices (as defined in the Amended Claim Form); and
(b) AED 113,396.83 of outstanding interest, which has accrued at a rate of 12% per annum in accordance with Article 76 and 88 of UAE Federal Law No. 18 of 1993 from 16 July 2019 to 4 January 2021 and which continues to accrue.
8. The Defendant shall pay the Claimant’s costs of these proceedings in the amount of AED 61,877.94 which comprises the Claimant’s legal costs (including disbursements) up until the date of this request in the amount of AED 50,300 and the costs of the Court’s filing fee of the claim in the amount of AED 11,577.94.
ssued by:
Nour Hineidi
Registrar
Date of issue: 7 March 2021
At: 1pm
