JUDGMENT

(Enclosure 2 - Inter Partes Interim Injunction)

Ahmad Shahrir Mohd Salleh J:

Introduction

[1] The plaintiff entered into two sale and purchase agreements with the 1st defendant. One was for the purchase of two plots of land in Telok Panglima Garang, Selangor and the other was for the purchase of plant and machineries. Some time later, the 1st defendant was put under judicial management and eventually the two sale and purchase transactions did not go through.

[2] The judicial managers for the 1st defendant however advertised the subject matter of the two sale and purchase agreements for tender in a Chinese newspaper. The judicial managers later on accepted a successful bid for the tender.

[3] By an originating summons, the plaintiff applied to declare two sale and purchase agreements entered into between the plaintiff and the 1st defendant as valid and binding. The plaintiff further applied for specific performance of the two agreements, damages in addition to specific performance and injunction.

[4] Simultaneous with the filing of the originating summons, the plaintiff filed a notice of application in encl [2] for an inter partes interim injunction against the defendant pending t