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CFI 036/2015 Philippe Yves Moser v ES Bankers (Dubai) Limited (in Liquidation)

CFI 036/2015 Philippe Yves Moser v ES Bankers (Dubai) Limited (in Liquidation)

June 2, 2016

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Claim No: CFI 036/2015

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BETWEEN

 

PHILIPPE YVES MOSER

                                                                                          Claimant

and

ES BANKERS (DUBAI) LIMITED (IN LIQUIDATION)

Defendant


  ORDER OF JUDICIAL OFFICER MAHA AL MEHAIRI


UPON the request made by the Claimant on 2 June 2016 for a Default Judgment in accordance with Rule 13.1 of the Rules of the DIFC Courts (“RDC”)

AND UPON the Certificate of Service having been filed on 31 March 2016

AND UPON the Court not being satisfied that the Claim Form was served in accordance with Part 9 of the RDC, as required by RDC 13.22(1)

AND FURTHER to Article 56 of the DIFC Insolvency Law which states:” When a winding-up order has been made, no action or proceeding shall be proceeded with or commenced against the Company or its property, except by leave of the Court and subject to such terms as the Court may impose”.

ACCORDINGLY IT IS HEREBY ORDERED THAT:

1.The request for Default Judgment is denied.

2. There be no order as to costs.

Issued by:

Maha AlMehairi

Judicial Officer

Date of issue: 2 June 2016

At: 2pm

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