April 08, 2019 court of first instance - Orders
Claim No. CFI-016-2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MASHREQ AL ISLAMI FINANCE COMPANY PJSC
(FORMERLY AL BADR ISLAMIC FINANCE COMPANY PJSC)
and
MR BABAR REHMAN
ORDER OF H.E JUSTICE OMAR AL MUHAIRI
UPON reviewing the Default Judgment of Judicial Officer Maha Al Mehairi dated 7 May 2017, the Order with Reasons of H.E. Justice Omar Al Muhairi dated 15 April 2018, the Case Management Order of Judicial Officer Maha Al Mehairi dated 19 September 2018, the Order of Judicial Officer Maha Al Mehairi dated 7 November 2018, and the Order of H.E. Justice Omar Al Muhairi dated 7 March 2019;
UPON reviewing the Judgment of H.E. Justice Omar Al Muhairi dated 24 March 2019, with reasons;
AND UPON reviewing the Claimant’s written submissions in respect of costs, and having regard to all the circumstances;
IT IS HEREBY ORDERED pursuant to RDC38.6 to 38.9 38.8 as follows:
1.The Claimant is entitled to its costs of and incidental to these proceedings including the Claimant’s costs incurred in seeking default judgment, in resisting the Defendant’s application to set aside the default judgement, and in respect of the Defendant’s application to rely on expert evidence of Sharia law.
2. The Defendant shall pay the Claimant’s costs of these proceedings on the indemnity basis.
3. The Claimant’s costs are hereby immediately assessed in the amount of AED 884,635.92 (the “Costs Sum”) and the Defendant is required to pay the Costs Sum in full within 28 days of this order.
Issued by:
Maha Al Mehairi
Judicial Officer
Date of Issue: 08 April 2019
At: 1pm
