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CFI 023/2012 – Order

CFI 023/2012 – Order

January 22, 2013

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Claim no. CFI 023/2012

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

SIMMONS AND SIMMONS MIDDLE EAST LLP Claimant
and

(1) MOHAMMAD ABDEL-KHALEQ MOHAMMAD ABU-ALHAJFirst Defendant(2) PETRA INVEST LTD.Second Defendant

DEFAULT JUDGMENT MADE BY REGISTRAR MARK BEER

UPON reviewing the request made by the Claimant on 20 December 2012 for a Default Judgment in accordance with rule 13.1(1) and (2) of the Rules of the DIFC Courts (“RDC”), it is found as follows:

1. The request is not one prohibited by RDC 13.3.

 

2. The Second 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 (RDC 13.4).

 

3. The Second Defendant has not: (i) applied to the DIFC Courts to have the Claimant’s statement of case struck out under RDC 4.16; or for immediate judgment under RDC Part 24 (RDC 13.6(1)); (ii) satisfied the whole claim (including any claim for costs) on which the Claimant is seeking judgment; or (iii) 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 under RDC 9.43 on 7 November 2012.

 

5. The Claimant has followed the required procedures for obtaining Default Judgment pursuant to RDC 13.7 and 13.8.

ACCORDINGLY it is hereby ORDERED THAT:

6. The Court is satisfied that the relevant conditions set out in RDC 13.22 have been satisfied, and so the request is granted..

 

7. The Second Defendant is ordered to pay the Claimant the amount of AED 746,699.10 within 14 days.

Issued by:
Mark Beer
Registrar
Date of Issue: 22 January 2013
At: 8am

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