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2015 MarsdenLR 697

HIGH COURT MALAYA ALOR SETAR
JAYAGOPAL ADAIKKALAM – Appellant
Versus
ALAGUSUNDARAM S NK NAGAPPA CHETTIAR & ORS; CIMB BANK BERHAD (GARNISH) – Respondent


Table of Content
1. appeal regarding garnishee order enforcement. (Para 1 , 4 , 5)
2. liability shared; garnishment must reflect proportional judgment costs. (Para 8 , 9 , 10 , 11)
3. court's order dismissing appeal and costs awarded. (Para 12)
Choo Kah Sing JC:

(Enclosure 16 - Garnishee Proceedings)

Introduction

[1] This is an appeal to judge in chambers (encl 45) filed by the appellant (the appellant is referred to as the "plaintiff/pemiutang penghakiman" in the intitulement) against the Senior Assistant Registrar's decision dated 1 March 2015 (encl 52) which ordered that the appellant's application for a garnishee order to be made absolute (encl 16) be dismissed. In the same decision, the Senior Assistant Registrar also ordered the appellant to pay costs of RM1,000.00 to the respondents.

[2] The appellant sought for a garnishee order pursuant to O 49 of the Rules of 2012 against only the 1st respondent's money which was kept in the garnishee bank, CIMB Bank Berhad.

[3]The appellant's appeal was heard before me, and on 21 February 2015, I disallowed the appellant's appeal. The appellant is not satisfied with my decision and has filed an appeal to the Court of Appeal. This judgment serves

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