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2003 MarsdenLR 2125 ; 2003 MarsdenLR 1

LOW HOP BING
FIRST CONSOLIDATED SDN BHD – Appellant
Versus
PADU EHSAN SDN BHD; MAJLIS PERBANDARAN MELAKA BANDARAYA – Respondent


Advocates:
Counsel
Cik Adillah Ahmad Nordin, learned counsel for the garnishee; Messrs Adillah A. Nordin
Encik Yau Jiok Hua, learned counsel for the JC; Messrs Yau Jiok Hua & Co

JUDGMENT [ ON ENCLOSURE (56) ]

I. APPLICATION

This is an application in enclosure (56) filed by the garnishee, for the following orders :

1. An order to specify the time for the

judgment creditor's solicitors (JC's

solicitors") Messrs Yau Jiok Hua 85 Co. to

comply with the High Court order dated

23 November 1995 ("order for stay of

execution") and the Court of Appeal order

dated 11 March 2002 ("the CA order");

2. That the JC's solicitors be ordered to

comply with the order for stay of

execution and the CA order within seven

days from the service of the order herein,

1.

3

the order for stay of execution and the CA order (collectively referred to as "the three orders"), whereby the JC's solicitors shall pay to the garnishee within seven days of the service of the three orders, a sum of RM309,133.45 held by the JC's solicitors as stakeholders on the undertaking by the JC's solicitors to refund to the garnishee in the event the garnishee's appeal is allowed by the Court of Appeal;

3. That a notice in compliance with O.45 r7

and Form 87 be indorsed on this order

and the order for stay of execution; and

4. Costs of this application be paid by the

JC to the garnishee.

3.

4 II. FACTUAL B

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