March 05, 2018 court of first instance - Orders
Claim No. CFI 054-2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
TAWREEQ INVESTMENTS SARL
and
FAST TELECOM TRADING LLC
DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER NASSIR AL NASSER
UPON the request made by the Claimant on 22 February 2018 for a Default Judgment in accordance with Rule 13.1 (1) of the Rules of the DIFC Courts (the “RDC”) (the “Request”), it is found as follows:
1.The Request is not one prohibited by RDC 13.3 (1) or (2).
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 Defendant has not: (i) applied to the DIFC Courts 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; 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)).
4. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 5 February 2018.
5. The Claimant has followed the required procedure for obtaining Default Judgment (RDC 13.7 and 13.8).
6. The Claim is for a specified sum of money and the Request specifies the date by which the whole of the judgment debt is to be paid or the times and rate at which it is to be paid by instalments (RDC 13.9).
7. The Request includes a request for Late Payment Amount and sets out the calculation of the Late Payment Amount.
8. The DIFC Courts are satisfied that the conditions of RDC 13.22 have been met.
9. The Claimant has submitted evidence, as required by RDC 13.24, that (i) the Claim is one that the DIFC Courts have power to hear and decide; (ii) no other court has exclusive jurisdiction to hear and decide the claim; and (iii) the Claim has been properly served (RDC 13.22).
ACCORDINGLY IT IS HEREBY ORDERED THAT:
10. The Request is granted.
11. The Defendant shall pay to the Claimant the amount of USD 5,487,411.03 plus the Late Payment Amount of USD 433,202 from 12 January 2017 up to the date of the Default Judgment Application 22 February 2018 and USD 1,067 per day until the date of payment.
12. The Claimant shall serve this Default Judgment on the Defendant.
13. The Defendant shall pay the Claimant’s costs, to be assessed by the Registrar.
Issued by:
Nassir Al Nasser
Judicial Officer
Date of Issue: 5 March 2018
At: 4pm
