December 23, 2020 court of first instance - Orders
Claim No. CFI 106/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
JOHNSON ARABIA L.L.C.
Claimant
and
ARABTEC PRECAST L.L.C.
Defendant
DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER MAHA AL MEHAIRI
UPON the request made by the Claimant on 22 December 2020 for a Default Judgment (the “Request”) against the Defendant in accordance with Part 13 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 the Defendant under RDC 9.43 on 6 December 2020.
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 AED 2,094,764.92 or USD 570,392.08 together with interest on that amount from various dates in the sum of AED 2,368.41 or USD 644.90, as set out in the interest calculation spreadsheet.
8. The Defendant shall pay the Claimant interest on the said sums pursuant to the relevant laws within RDC 13.14(2) from the date of this Order until the date of recovery of the full amount by the Claimant.
9. The Defendant shall pay the Claimant’s costs of these proceedings including (1) the Claimant’s legal costs, until the date this request was fully pleaded; and (2) costs of the Court filing fee.
Issued by:
Ayesha Bin Kalban
Deputy Registrar
Date of issue: 23 December 2020
At: 9am
