Claim No. CFI 023/2012
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE: H.E JUSTICE OMAR AL MUHAIRI
Between
| SIMMONS AND SIMMONS MIDDLE EAST LLP | Claimant |
| and |
(1) MOHAMMAD ABDEL-KHALEQ MOHAMMED ABU-ALHAJ
(2) PETRA INVEST LIMITEDFirst Defendant
Second Defendant
ORDER OF H.E JUSTICE OMAR AL MUHAIRI
UPON reviewing the Registrar's Default Judgment, dated 22 January 2013
AND UPON considering the Claimant's submissions on Interest, dated 21 May 2013
AND UPON considering the Claimant's summary of Interest Claimed, dated 8 July 2013
AND UPON hearing Counsel for the Claimant in Chambers on 8 July 2013
AND UPON the Claimant not being represented at the in Chambers hearing on 8 July 2013
IT IS HEREBY ORDERED THAT:
1. The Second Defendant shall pay to the Claimant Contractual Interest on the sums owed under the invoices, at 12% per annum, from the date of the invoices until the date of Default Judgment (22 January 2013), being a total of AED 281,535.00.
2. The Second Defendant shall pay simple interest on the sum awarded in paragraph 1 above, at a rate of EIBOR + 1% (three month spread) being 2.3%, from 5 February 2013 to 14 July 2013, being a total of AED 2820.66.
3. The Second Defendant shall pay to the Claimant the sums awarded in paragraphs 1 and 2 above within 14 days of this order and no later than 28 July 2013.
4. Should the Second Defendant fail to adhere to paragraph 3 above, the Second Defendant shall pay to the Claimant further interest on the amount AED 284,355.66 at EIBOR + 1% (three month spread) being 1.89%, from 14 July 2013 until full and final settlement, being a daily rate of AED 14.72.
5. The Second Defendant shall pay to the Claimant the sum awarded in the Default Judgment, being AED 746,699.10.
6. The Second Defendant shall pay to the Claimant interest on the amount awarded in paragraph 5 above, at a rate of EIBOR + 1% (three month spread) being 2.3%, from 5 February 2013 (date ordered for payment under the Default Judgment) to 14 July 2013, being a total of AED 7,480.95.
7. The Second Defendant shall pay to the Claimant the sums awarded in paragraphs 5 and 6 above within 14 days of this order and no later than 28 July 2013.
8. Should the Second Defendant fail to adhere to paragraph 7 above, the Second Defendant shall pay to the Claimant further interest on the amount AED 754,180.05 at EIBOR + 1% (three month spread) being 1.89%, from 14 July 2013 until full and final settlement, being a daily rate of AED 39.05.
Issued by
H.E Omar Al Muhairi
Courts Justice
On: 14 July 2013
Time: 2 pm
