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CFI 028/2011 - Default Judgment made by Judicial Officer Maha AlMehairi
May 13, 2013 court of first instance - Orders,Orders
DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER MAHA ALMEHAIRI
UPON the request made by the Claimant on 12 May 2013 for a Default Judgment in accordance with DIFC
The Dubai International Financial Centre.
" href="/glossary/difc/">DIFC-Complinet/difccourts.complinet.com/global-rulebooks/display/display8d41.html?rbid=2725&element_id=5384" target="_blank">rule 13.1 (2) of the Rules of the DIFC Courts ("RDC"), it is found as follows:
2. The Defendant has 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 (RDC 13.4).
3. The Claimant has followed the required procedure for obtaining Default Judgment [RDC 13.7 and 13.8].
4. 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:
5. The request is granted.
6. The Defendant shall pay to the Claimant the amount of US$ 773,921.22 within 14 days.
7. The Defendant shall pay interest to the Claimant at a rate of 4.45625% (EIBOR + 3%) per annum from 19 April 2011 until 12 May 2013; being a total of US$ 71,150.97.