January 14, 2018 court of first instance - Orders
Claim No: CFI 033/2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
BANKMED (SAL) TRADING IN THE DIFC UNDER THE TRADE NAME BANKMED (DUBAI)
Claimant/Respondent
and
(1) FAST TELECOM GENERAL TRADING LLC
(2) ALI MOHAMMED SALEM ABU ADAS
(3) MOHAMMAD JAWDAT AYESH MUSTAFA AL BARGOUTHI
(4) SAIF SAEED SULAIMAN MOHAMED AL MAZROUEI
(5) IBRAHIM SAIF HORMODI
(6) AHMED ABDEL KADER HAMDAN ZAHRAN
Defendants/Applicant
ORDER OF H.E. JUSTICE SHAMLAN AL SAWALEHI
UPON reviewing the application Notice made by the fifth Defendant/Applicant dated 13 November 2017 to set-aside the default judgment dated 29 October 2017;
AND UPON reviewing the Fifth Defendant/Applicant’s Witness Statement dated 23 November 2017 and reviewing the Respondent's reply to the Application dated 4 December 2017;
IT IS HEREBY ORDERED THAT:
1.The application to set-aside the Default Judgment dated 29 October 2017 filed by the Applicant under DIFC Courts Rules Part 14 is dismissed on the grounds that the application lacks the formalistic requirements of Part 14.4 and in any event, has no real prospect of successfully defending the claim as required by Part 14.2(1).
2. The Enforcement of the Default Judgment dated 29 October 2017 under Enforcement Application number 074-2017 may resume.
3. The Applicant shall pay the Respondent's costs in respect of this Application in the sum of USD 10,000 as summarily assessed.
Issued by:
Nassir Al Nasser
Judicial Officer
Date of issue: 14 January 2018
At: 4pm
