September 16, 2018 court of first instance - Orders
Claim No. CFI-044 -2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
GRAND VALLEY GENERAL TRADING LLC
and
GGICO SUNTECK LIMITED
ORDER OF JUDICIAL OFFICER MAHA AL MEHAIRI
UPON reviewing the Request of the Claimant dated 13 August 2018 for Default Judgment in accordance with Rule 13.1 (1) and (2) of the Rules of the DIFC Courts (“RDC”), it is found as follows:
1. The Claimant’s request is not one prohibited by RDC 13.3 (1) or (2).
2. The Claimant has filed a Certificate of Service in accordance with RDC 9.43 on 15 July 2018.
3. The First 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).
4. The First Defendant has not: (i) applied to the Court either to have the Claimant’s statement of case struck out under RDC 4.16 or for immediate judgment under RDC Part 24 (RDC 13.6(1)); (ii) satisfied the whole claim (including any claim for costs) on which the Claimant is seeking judgment (RDC 13.6(2) / RDC 13.22(3)); or (iii) filed or served on the Claimant an admission under RDC 15.14 or 15.24 together with a request for time to pay (RDC 13.6(3) / RDC 13.22).
5. The Claimant has followed the required procedure for obtaining Default Judgment (RDC 13.7 and 13.8).
6. The Request includes a request for interest pursuant to RDC 13.15.
ACCORDINGLY IT IS HEREBY ORDERED THAT:
7. The request is granted.
8. The First Defendant shall be dissolved in accordance with Article 295(6) and/or Article 298 of the UAE Federal Law No. 2 of 2015 concerning Commercial Companies.
9. The Claimant shall be entitled to interest, in accordance with Article 76 of UAE Federal Law No.18 of 1993 on the Commercial Transactions Law, on monies it contributed to the First Defendant, to be assessed and paid during the course of the First Defendant's dissolution.
10. The First Defendant shall pay the Claimant the legal costs of this claim, to be assessed by the Registrar, if not agreed.
11. The Claimant shall serve this Judgment upon the First Defendant.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date: 16 September 2018
At: 4pm
