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2020 MarsdenLR 809

HIGH COURT MALAYA KUALA LUMPUR
PADDA GURTAJ SINGH – Appellant
Versus
TUNE TALK SDN BHD & ANOR – Respondent


Petitioner Advocates:Fahri Azzat,Nicole Yap ,Respondent Advocate: Foo Joon Liang,Kang Mei Yee

JUDGMENT

Liza Chan Sow Keng JC:

Introduction

[1] This Originating Summons ("OS") is filed by the Plaintiff against the Defendants to compel the Defendants to register the transfer of 431,908 units of ordinary shares of Tune Talk Sdn Bhd ("the 431,908 Shares") and issue new share certificates to the Plaintiff.

[2] This judgment concerns encl 7 which is the 1st Defendant's application made pursuant to s 10 of the Arbitration Act, 2005 (" AA 2005"), O 69 r 10 of the Rules of 2012 and/or inherent jurisdiction of the Court to stay proceedings herein pending arbitration as contained in cl 16 of the Shareholders Agreement dated 23 December 2008 ("SHA").

Background Facts

[3] The salient facts have been set out in the affidavits relating to this matter.

[4] Tune Talk Sdn Bhd is the 1st Defendant (interchangeably referred to as "the Company") herein whilst the 2nd and 3rd Defendants, Tricor Corporate Services Sdn Bhd and Rebecca Kong Say Tsui are the company secretarial entity and registered company secretary respectively for the Company.

[5] The Plaintiff bought the 431,908 Shares in the Company from another shareholder, Jason Jonathan Lo ("J Lo"):

(a) on 4 January 2020, J Lo instructed Ms Suzanna


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