June 26, 2018 court of first instance - Orders
Claim No. CFI 080/2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MUZOON HOLDING LLC
Claimant
and
ARIF NAQVI
Defendant
DEFAULT JUDGMENT OF JUDICIAL OFFICER MAHA AL MEHAIRI
UPON the request made by the Claimant on 9 June 2019 for a Default Judgment (the “Request”) made in accordance with Rule 13.1 (1) and (2) of the Rules of the DIFC Courts (“RDC”)
AND UPON reviewing the supporting submissions filed by the Claimant on 24 June 2019
It is found as follows:
1. The Request is not one prohibited by RDC 13.3 (1) or (2).
2. The Defendant failed to file a Defence to the claim (or any part of the claim) with the DIFC Courts (RDC 13.4).
3. The Defendant has: (i) applied to the DIFC Courts to have the Claimant’s statement of case struck out under RDC 4.16; or (ii) for immediate judgment under RDC Part 24 (RDC 13.6(1)); or (iii) satisfied the whole claim (including any claim for costs) on which the Claimant is seeking judgment; or (iv) 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 pursuant to RDC 9.43 on 10 April 2019.
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 DIFC Courts are satisfied that the conditions of RDC 13.22 and RDC 13.23 have been met.
8. 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 13.23).
ACCORDINGLY IT IS HEREBY ORDERED THAT:
9. The Request is granted.
10. The Defendant is liable to settle the total Outstanding Liability of USD 6,191,304.00, plus 9% interest (as provided under Practice Direction 4 of 2017), which is payable from the date the judgment is issued.
11. The Defendant is ordered to pay the Claimant, legal costs and expenses including court fee, incurred in connection with the preparation and conduct of these proceedings in the amount of USD 69,246.27.
Issued by:
Nour Hineidi
Deputy Registrar
Date of Issue: 26 June 2018
At: 9am
