February 23, 2021 court of first instance - Orders
Claim No. CFI 077/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
AL NAHDA TRANSPORT LLC
Claimant
and
ARABTEC CONSTRUCTION LLC
Defendant
DEFAULT JUDGMENT MADE BY H.E. JUSTICE MAHA AL MHEIRI
UPON the request made by the Claimant on 29 December 2020 for a Default Judgment against the Defendant in accordance with Part 13 of the Rules of the DIFC Courts (the “Request”) (“RDC”),
AND UPON the Claimant filing documents in support of the Request on 21 February 2021
AND UPON the Rules of the DIFC Court (“RDC”), namely RDC Part 13, 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 the Defendant under RDC 9.43 on 8 December 2020.
4. The Claimant followed the required procedure for obtaining Default Judgment (RDC 13.7, 13.8).
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
5. The Request for is granted.
6. The Defendant shall pay the Claimant within 14 days, from the date of this Order, the judgment sum of AED 726,130.43.
7. The Defendant shall pay the Claimant’s costs of these proceedings in the amount of AED 86,331.23 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: 23 February 2021
At: 12pm
