June 20, 2021 court of first instance - Orders
Claim No. CFI 054/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
JOHNSON ARABIA LLC
Claimant
and
AL REYAMI INTERNATIONAL STEEL TECH LLC
Defendant
DEFAULT JUDGMENT OF H.E. JUSTICE MAHA AL MHEIRI
UPON the request made by the Claimant on 17 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 has filed a Certificate of Service in respect of the Defendant under RDC 9.43 on 15 June 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:
1. The Request is granted.
2. The Defendant shall pay to the Claimant within 14 days, from the date of this Order, the judgment sum of AED 1,234,249 (the “Judgment Sum”).
3. In addition, pursuant to DIFC Courts Practice Direction No. 4 of 2017 the Defendant shall pay interest on the Judgment Sum to the Claimant from the date of this default judgment, until the date of full payment, at the rate of 9% annually, until the date of payment.
4. The Defendant shall pay the Claimant’s costs of these proceedings which comprises: (1) the Claimant’s legal costs, until the date this request was fully pleaded; and (2) costs of the Court filing fee.
Issued by:
Nour Hineidi
Registrar
Date of issue: 20 June 2021
At: 3pm
