June 30, 2021 court of first instance - Orders
Claim No. CFI 046/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
LARA BASEM MUSA KHOURY
Claimant
and
MASHREQ BANK PSC
Defendant
DEFAULT JUDGMENT MADE BY H.E. JUSTICE MAHA AL MHEIRI
UPON the request made by the Claimant on 15 June 2021 for a Default Judgment (“Request”) pursuant to Rule 13.1 (1) and (2) of the Rules of the DIFC Courts (“RDC”), it is found as follows:
1. The Request is not one prohibited under RDC 13.3 (1) or (2).
2. The Request is one permitted by RDC 13.4 on the basis that 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.
3. The Claimant filed a Certificate of Service in respect of service on the Defendant, under RDC 9.43, on 10 May 2021.
4. The Claimant has followed the required procedure for obtaining Default Judgment (RDC 13.7, 13.8).
5. 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:
6. The Request is granted.
7. The Defendant shall pay to the Claimant within 14 days, from the date of this Order, the judgment sum of USD 5,998,935.67 (the “Judgment Sum”).
8. In addition, pursuant to UAE Federal Law No. 18 of 1993 concerning Commercial Transactions Law of the United Arab Emirates the Defendant shall pay interest on the Judgment Sum to the Claimant from 19 October 2009, until the date of full payment, at the rate of 12% annually.
9. The Defendant shall also pay the Claimant’s costs of these proceedings comprising: (1) the Claimant’s legal costs up until the date this Request was fully pleaded; and (2) the Court filing fee (as a disbursement) paid by the Claimant in this Claim.
Issued by:
Nour Hineidi
Deputy Registrar
Date of issue: 30 June 2021
At: 10am
