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CFI 004/2014 – Order of Judicial Officer Maha Al Mehairi

CFI 004/2014 – Order of Judicial Officer Maha Al Mehairi

June 30, 2014

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Claim No. CFI 004/2014

DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE DIFC COURT OF FIRST INSTANCE

BETWEEN

MS. SONIA GUETAT Claimant
and

MIRABAUD (MIDDLE EAST) LIMITED

Defendant

ORDER MADE BY JUDICIAL OFFICER MAHA ALMEHAIRI

 

UPON the request made by the Claimant on 25 March 2014 for a Default Judgment it is found as follows:

1. The Claimant, while the deadline for service of the Claim Form had not elapsed, failed to follow the required procedure for service of the Claim Form as required by Part 9 of the Rules of the DIFC Courts.

 

2. The Claimant failed to request an extension of time to serve the Claim Form and Particulars of Claim on the Defendant within the period of 4 months from the date of issue as provided for under Rule 7.20 and 7.21 of the Rules of the DIFC Courts.

 

3. The Court is not satisfied that the Claim Form was served in accordance with Rule 13.22 of the Rules of the DIFC Courts.

 

4. The Claimant was repeatedly reminded to correctly serve the Claim Form and failed to do so.

 

ACCORDINGLY IT IS HEREBY ORDERED THAT:

5. The request for Default Judgment is denied.

 

6. No order as to costs.

 

Issued by:
Maha AlMehairi
Judicial Officer
Date of issue: 30 June 2014
Time: 3pm

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