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2020 MarsdenLR 2250

HIGH COURT MALAYA SHAH ALAM
KANESIN S V S SAPPANIAPPLY – Appellant
Versus
VYTHILINGAM SAPPANI & ORS – Respondent


Petitioner Advocates:Sanjeev Kumar Rasiah,Ilias Ramli ,Respondent Advocate: Tee Wei Fong

JUDGMENT

Gunalan Muniandy J:

[1] This is the plaintiff's application for specific discovery of documents under O 24, r 7, 12 and 16 of the Rules of , 2012 (' ROC ') against all the Defendants.

Grounds In Support Of encl 31

[2] The plaintiff's grounds for bringing this application are explained in the Plaintiff's submission as follows:

(1) It is undisputed that the Kamatchy Estate has been managed by the 1st and 2nd defendants ('D1 and D2') since December 2015, whereas the proceeds from sale of the palm fruit were collected and retained by them. This is acknowledged by D1 and D2. In fact, monies from the proceeds of the sale were banked in into the personal bank account of the D1.

(2) Pursuant to the Investment Contract, the proceeds of the sale of the palm oil fruits were to be channelled to the 3rd Defendant ('D3').

(3) As a director and shareholder of the 3rd defendant, the Plaintiff had requested for the accounts of the proceeds of the sale derived from the Kamatchy Estate from the 1st defendant but there was no response from the 1st Defendant.

(4) The Plaintiff then filed this suit herein against the Defendants, and on 9 January 2019 the Plaintiff filed an application for general disco


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