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2024 MarsdenLR 2768

HIGH COURT MALAYA KUALA LUMPUR
KENANGA INVESTORS BERHAD – Appellant
Versus
ZULRAFQ CAPITAL SDN BHD & ANOR – Respondent


Petitioner Advocates:R Kumarappan,Nur Parvin Kausar ,Respondent Advocate: Teoh Jo Vi

JUDGMENT

Atan Mustaffa Yussof Ahmad J:

[1] Before the court is an application for leave to serve interrogatories pursuant to O 26 Rules of 2012, filed by the defendants in the main action who are also plaintiffs in a counterclaim. The application arises in the context of a dispute over a Put and Call Option Agreement for shares in a public listed company, where the defendants had failed to meet their payment obligations. The defendants now seek to interrogate the plaintiff and two other parties whom they have joined as defendants in their counterclaim, primarily concerning alleged meetings and understandings that they claim varied the payment obligations under the written agreements. The application raises questions about the necessity and relevance of interrogatories at this stage of proceedings and whether the interrogatories serve a legitimate purpose in fairly disposing of the remaining issues or saving costs. At its core, this application requires the court to balance the defendants' right to obtain relevant information against the principles that govern when interrogatories should be allowed, including whether they amount to a fishing expedition or seek to contradict clear ter


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