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1996 MarsdenLR 1585

ABDUL MALIK ISHAK
BSN COMMERCIAL BANK (M) BHD – Appellant
Versus
RIVER VIEW PROPERTIES SDN BHD – Respondent


Advocates:
SL Goh (Shook Lin & Bok) for the petitioner.
JBR Netto (Nijar Kumar Netto & Partners) for the bank.

Abdul Malik Ishak J

From the affidavits, the facts of these two originating summonses were on all fours with one another and consequently, for convenience, they were heard together. The facts of these two originating summonses may be stated thus.

River View Properties Sdn Bhd ('River View') maintained two fixed deposits with BSN Commercial Bank (Malaysia) Bhd ('the bank') and the particulars of these two fixed deposits were:

(1) FD/93/0009311/11

RM Starting Date Maturity Date Rate Tenure

(407) ,625.12 14.07.95 14.10.95 5.8% 3 months

(2) FD/93/0011018/01

RM Starting Date Maturity Date Rate Tenure

(656) ,613.63 24.05.95 24.08.95 5.90% 3 months

On 14 February 1995, the bank received a written notice from the Official Receiver's office ('the OR'), wherein it was stated, inter alia, that River View had been wound up on 28 November 1994. On or about 27 February 1995, River View wrote a letter to the bank seeking, inter alia, the release of the accrued interest for FD/93/0009311/11, and to roll over the principal sum on three months' basis. The OR by letter dated 8 May 1995 informed the bank that by consent, the winding-up order of River View had been stayed. That consent order for the st

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