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2010 MarsdenLR 2973

COURT OF APPEAL PUTRAJAYA
SIVAKUMAR VARATHARAJU NAIDU – Appellant
Versus
GANESAN RETANAM – Respondent


Petitioner Advocates:Chan Kok Keong,Cheong Sek Kwan ,Respondent Advocate: Firoz Hussein,Mohd Hafarizam Harun,Cheng Mai,Hj Badrul Hishak Abdul Wahab

Abdul Malik Ishak JCA:

Introduction

[1] The parties will be referred to like what they were referred to at the High Court. Thus, Sivakumar a/l Varatharaju Naidu will be referred to as the plaintiff. While Ganesan a/l Retanam will be referred to as the defendant.

[2] On 15 May 2009, the plaintiff filed his writ of summons and his statement of claim citing the defendant as his adversary.

[3] On 21 May 2009, the plaintiff then filed his summons in chambers as seen in encl 3 for the following orders:

(a) the Defendant and/or his agents or servants be prevented from denying the Plaintiff entry to the Assembly or from prohibiting or obstructing the Plaintiff in any way whatsoever from occupying the office of or carrying out his duties as the lawful Speaker of the Perak State Assembly;

(b) the Defendant and/or his agents or servants be prohibited from carrying out any further acts of abuse, assault and/or battery on the Plaintiff;

(c) the costs of and occasioned by this application be borne by the Defendant; and

(d) such further or other consequential relief which this Honourable Court deems fit and just.

[4] On 30 June 2009, the defendant filed an application by way of a summons in chambers in en

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