Haidar Mohd. Noor J:

The plaintiffs filed this Suit No. 19 of 1989 against the defendant on 17 May 1989. On 5 June 1989 the plaintiffs filed the amended statement of claim. There is nothing on record to show under what provisions or order the amended statement of claim was filed by the plaintiffs. I take it that the amended statement of claim was filed pursuant to O. 20 of Rules of the High 1980, that is, without the leave of the Court or at any time before the pleadings are deemed to be closed.

According to para. 23 of the amended statement of claim, the plaintiffs claim for:

(i) A declaration that the defendant has a vested interest in the outcome of Suit Nos. 17 of 1989, 23 of 1984 and 34 of 1984 and hence the defendant should refrain from participating in any discussions and/or decisions to be made by the board of directors in respect of the afore-mentioned suits and should be restrained from voting on issues concerning the said suits as per the provisions of Article 73 of the memorandum and articles of association of the bank.

(ii) An injunction restraining the defendant whether by himself, his servant or agent or proxy, or otherwise howsoever from attending participatin