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2007 MarsdenLR 3062 ; 2007 MarsdenLR 1

ABDUL MALIK ISHAK
PENGURUSAN DANAHARTA NASIONAL BHD – Appellant
Versus
YONG WAN HOI – Respondent


Advocates:
For the plaintiff - Mahaletchumi Balakrishnan; M/s Skrine
For the defendants - Surendran Subramaniam; M/s Suren & Ragu

JUDGMENT

Abdul Malik Ishak J:

Summons In Chambers In encl. 8

[1] This is the plaintiff's application for leave to enter summary judgment against the defendants in this action for the following orders:

(i) that the defendants are to surrender vacant possession of the property held under title H.S. (D) 82855 (previously Q.T.(R) 15215) PT15162, Mukim of Kuala Lumpur, district of Kuala Lumpur, Federal Territory that is also known as No: 6, Lorong Bukit Pantai 4, Taman Bukit Pantai, 59100 Kuala Lumpur ("the said property") within fourteen (14) days from the date of the service of this order;

(ii) costs;

(iii) costs on a solicitor and client basis; and such

(iv) further relief that this Honourable Court deems just and proper.

The Grounds In Support Of encl. 8

[2] They may be stated as follows:

(a) the said property has been duly sold by the plaintiff to a third party pursuant to, inter alia, the powers accorded to the plaintiff as a chargee of the said property under the Pengurusan Danaharta Nasional Berhad Act 1998 ("the Act"); and

(b) that despite requests by the plaintiff to the defendants, the defendants or any of them have failed, refused and/or neglected to surrender vacant possess

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