July 08, 2021 court of first instance - Orders
Claim No. CFI 114/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
INTERNATIONAL ELECTRO- MECHANICAL SERVICES CO.( LLC)
Claimant
and
EMIRATES SPECIALITY HOSPITAL FZ-LLC
Defendant
ORDER OF JUSTICE WAYNE MARTIN
UPON the Default Judgment made by Judicial Officer Maha Al Mehairi on 29 December 2020 (the “Default Judgment”)
AND UPON the Application filed by the Defendant on 30 March 2021 to Set Aside the Default Judgment (the “Application”)
AND UPON reviewing all documents recorded on the case file
AND UPON the Court being satisfied that:
(a) service of the Claim Form was irregular by reason of non-compliance with RDC 7.35
(b) the defendant has a realistic prospect of successfully defending the claim
(c) in all the circumstances the application to set aside the judgment was made promptly
IT IS HEREBY ORDERED THAT:
1. The Application is granted and the Default Judgment is set aside.
2. The Defendant shall file and serve its acknowledgment of service within 14 days from this order.
3. The Defendant’s costs of the Application will be costs in the cause.
Issued by:
Nour Hineidi
Registrar
Date of issue: 8 July 2021
At: 2pm
