Malaysia Case Law: Decisions & Judgments

OSK CAPITAL SDN. BHD. BUMI RIA DEVELOPMENT SDN. BHD.

Citation

BA-24FC-812-08/2024 (Mahkamah Tinggi)

Court

High Court

Case number

BA-24FC-812-08/2024 (Mahkamah Tinggi)

The plaintiff met the statutory preconditions for an order for sale under Sections 254–256 NLC and Order 83 Rules of Court 2012, produced proper account statements showing the indebtedness, and the defendant failed to discharge the burden of proving a 'cause to the contrary' or that the charge or Form 16D was invalid; therefore the court was obliged to grant the order for sale by public auction and award costs to the plaintiff.

18 Jun 2021

Sevanasparan a/l Manikam (No. K/P: 710112-08-5683) 1. Dharmendra Kumar a/l Raghavan (No. K/P: 771018-07-6333) 2. Tetuan R Dharmendra & Co 3. Low Chin Joo (No KP: 640317-07-5787) 4. Low Chin Joo (No KP: 640317-07-5787) (sebagai wasi harta pu

Citation: PA-22NCvC-25-02/2021 (Mahkamah Tinggi)
Court: High Court
Case number: PA-22NCvC-25-02/2021 (Mahkamah Tinggi)

The court found bona fide, serious triable issues that the 3rd SPA, power of attorney and pre-signed Form 14A were sham documents used to cloak illegal moneylending and a conspiracy to defraud; the balance of convenience favored preserving the status quo because the plaintiff would suffer irreversible loss if lands were transferred at a manifestly undervalued price; public interest and protective purpose of the Moneylenders Act justified intervention and dispensation of the usual undertaking as to damages; accordingly the interim injunction was granted to restrain dealings in the lands pendin…