December 29, 2020 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
DEFAULT JUDGMENT MADE BY JUDICIAL OFFICER MAHA AL MEHAIRI
UPON the request made by the Claimant on 29 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 have 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 13 December 2020.
4. The Claimant has followed the required procedure for obtaining Default Judgment (RDC 13.7, 13.8).
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
5. The Request is granted.
6. The Defendant shall pay to the Claimant within 14 days, from the date of this Order, the judgment sum of AED 53,188,301.66.
7. 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: 29 December 2020
At: 1pm
