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2002 MarsdenLR 549

INDUSTRIAL COURT, KUALA LUMPUR
BSN COMMERCIAL BANK (M) BHD – Appellant
Versus
ZAULKIFLI MOHAMED – Respondent
Award No. 1016 Of 2002 [Case No: 12/4-419/02]



AWARD

The reference in this case pertains to the dismissal of the claimant by the bank on 10 January 2001

The case has been set down for hearing on 11 and 12 June 2003.

In the interim, Shaik Azrin Shaik Daud of M/s A Rashid & Azrin, counsel for the claimant, filed an application dated 9 October 2002 to change the name of the bank to Affin Bank Bhd.

The application is supported by the affidavit in support of the claimant affirmed on 30 September 2002. In his affidavit, the claimant deposed to the fact that on 30 August 2000, BSN Commercial Bank (M) Bhd had signed an acquisition of business agreement ("the agreement") with Affin Holdings Bhd and Affin Bank Bhd. under which the banking business and all liabilities of BSN Commercial Bank (M) Bhd had been acquired by Affin Bank Bhd. Vide an order of the High Court Kuala Lumpur dated 18 December 2000 (see ex parte Originating Summons No. D9-24-321-2000), the terms of the agreement were sanctioned by the High Court and it took effect on 1 January 2001.

Pursuant to the order of the High Court, all liabilities of BSN Commercial Bank (M) Bhd had been taken over by Affin Bank Bhd thereby necessitating this application for change of name of the bank.

P Rajasundram of M/s Ramadass & Assocs, counsel for the bank, had no objections to the application.

In view of the fact that the liabilities of BSN Commercial Bank (M) Bhd have now been vested in Affin Bank Bhd pursuant to the High Court order, accordingly, the Court allows the application of the claimant.

Court Order

With effect from the date of this award, the name of the bank is amended by substituting for the words "BSN Commercial Bank (M) Bhd/Affin Bank Bhd." the words "Affin Bank Bhd."

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