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2022 MarsdenLR 140

HIGH COURT MALAYA KUALA LUMPUR
RADHAKRISHAN ALAGAMALAI & ANOR – Appellant
Versus
MUHAMMAD ZAMRI VINOTH KALIMUTHU & ORS – Respondent


Petitioner Advocates:Shanker Sundaram ,Respondent Advocate: Syahidah Hanum Mohd Ghazali,Nurwati Mohamed Mokhtar

JUDGMENT

Mohd Arief Emran Arifin JC:

A. Introduction

[1] The Defendants have filed the following notice of applications to strike out the Plaintiffs' claim against them in encl 13 and encl 18. Enclosure 13 is the application to strike out filed by the First Defendant under O 18 r 19 (a), (b), and (d) of the Rules of . Enclosure 18 is the application by the rest of the Defendants also under O 18 r 19 (a) or under (b) or (d) of the Rules of 2012.

[2] The Defendants opine that:-

(i) That the Statement of Claim filed against them do not disclose a reasonable cause of action against them.

(ii) The claim is scandalous, frivolous or vexatious.

(iii) That the claim is an abuse of process of Court.

[3] The Plaintiffs' claim against the Defendants as contained in the Statement of Claim is summarized as follows:-

3.1 The claim is filed by the Plaintiffs as representatives of an association known as "Pertubuhan Hindudharma Malaysia" and the "Majlis Belia Hindu Malaysia".

3.2 The claim is premised on words and statements that were allegedly uttered by the First Defendant on YouTube and on Facebook. The alleged statements are reproduced by the Plaintiffs in paras 18 of the Statement of Claim.

3.3 The Plai


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