The court affirmed that appointed Receivers and Managers have the right to access and manage company assets, as per statutory and contractual obligations, and may seek injunctions against obstructive actions.

Introduction

[1] This is an application by the Plaintiffs by way of Amended Originating Summons (OS) dated 24 June 2016 (Encl 4) for the following orders:

(a) Against The First Defendant, Today's Market (Ulu Tiram) Sdn Bhd

(i) that the First Defendant whether by themselves and/or their directors and/or officers, servants, agents and/or nominees be restrained with immediate effect from: (i) interfering with and/or preventing the Plaintiffs and/or their agents and/or representatives from entering, occupying, running, managing and/or dealing with the assets of the First Defendant charged to Bank Kerjasama Rakyat Malaysia (Bank Rakyat) and (ii) interfering with and/or preventing the Plaintiffs and/or their agents and/or their representatives, from entering and occupying the premises and/or mall of the First Defendant and from interfering in any manner and/or under any circumstances with the duty and powers of the Plaintiffs;

(ii) that the First Defendant do within fourteen (14) days of the pronouncement of the Order hereof, deliver or procure the delivery to the Plaintiffs, all documents in relation to the business affairs and assets of the First Defendant and all properties and assets of the First Defendant charged to Bank Rakyat;

(iii) that the First Defendant and/or their directors and/or officers, servants and/or agents and/or nominees be restrained from removing, selling, dealing with, transferring, diminishing, or in any way whatsoever, disposing of the assets of the First Defendant, including but not limited to moveable and immoveable properties, stocks in trade, choses in action and any similar items and/or assets;

(iv) In the event that prayers numbered (i) and (iii) above are allowed by this Court, an Order be granted that the Plaintiffs and/or their agents and/or their representatives are entitled to use reasonable force in the enforcement of the aforesaid prayers accordingly.

(b) Against The Second And Third Defendants, Tan Chin Hong And Lao Geok Chin

(v) that the Second and Third Defendants, whether by themselves and/or their servants, agents and/or nominees be restrained with immediate effect from: (i) interfering with and/or preventing the Plaintiffs and/or their agents and/or representatives from entering, occupying, running, managing and/or dealing with the assets of the First Defendant charged to Bank Rakyat; and (ii) interfering with and/or preventing the Plaintiffs and/or their agents and/or their representatives, from entering and occupying the premises and/or mall of the First Defendant and from interfering in any manner and/or under any circumstances with the duty and powers of the Plaintiffs;

(vi) that the Second and Third Defendants do within fourteen (14) days of the pronouncement of the Order hereof, deliver or procure the delivery to the Plaintiffs, all documents in relation to the business affairs and assets of the First Defendant and all properties and assets of the First Defendant charged to Bank Rakyat;

(vii) that the Second and Third Defendants and/or their servants and/or agents and/or nominees be restrained from removing, selling, dealing with, transferring, diminishing, or in any way whatsoever, disposing of the assets of the First Defendant, including but not limited to moveable and immoveable properties, stocks in trade, choses in action and any similar items and/or assets;

(viii) As Order pursuant to s 189 of the Companies Act 1965 (the Act) that the Second and Third Defendants do within fourteen (14) days of the pronouncement of the Order hereof, submit the Statement of Affairs of