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2021 MarsdenLR 1480

HIGH COURT MALAYA KUALA LUMPUR
YAYASAN TUANKU SYED SIRAJUDDIN – Appellant
Versus
HONG LEONG BANK BERHAD (ENCL 59) – Respondent


Petitioner Advocates:Deenasini Sathasivam,Simerpreet Kaur ,Respondent Advocate: Shaikh Abdul Saleem

JUDGMENT

Adlin Abdul Majid JC:

(Enclosure 59)

A. Introduction

[1] The Plaintiff filed an application by way of encl 59, for an order for the production of documents pursuant to O 24 rr 12 and 13 of the Rules of 2012 (" ROC ").

[2] I allowed the application. The reasons for my decision are as set out below.

B. Background Facts

[3] The Plaintiff is a non-profit charitable organisation. It has an account with the Defendant, where it maintains funds for charitable activities ("Bank Account").

[4] The Plaintiff and the Defendant agreed that funds kept in the Bank Account are only to be paid out upon receipt of cheques bearing signatures of Abu Khalil bin Akasah ("Trustee"), Tina Fadzlita binti Fadzil and another two directors and trustees of the Plaintiff. The official chequebook of the Plaintiff was at all material times in the custody of Tina Fadzlita binti Fadzil.

[5] On 21 January 2017, it was discovered through a review of the Plaintiff's monthly bank statements between the years 209 and 2012 that a total of 417 cheques of the Plaintiff had been unlawfully used to withdraw monies from the Bank Account by forgery of the Trustee's signature. 144 cheques of the Plaintiff and documents bearing


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