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2004 MarsdenLR 2093 ; 2004 MarsdenLR 1

ABDUL MALIK ISHAK
MALAYSIA BUILDING SOCIETY BHD – Appellant
Versus
JOHORE MINING AND STEVEDORING COMPANY SDN BHD – Respondent


Advocates:
For the plaintiff - Beatrice Loi; M/s Nik Hussain & Partners
For the 1st defendant - V Sithambaram; M/s Sitham & Assocs
For the 2nd defendant - Chen Wai Jiun; M/s. WJ Chen & Co

JUDGMENT

Abdul Malik Ishak J:

The prayers sought for by the plaintiff in encl. (1)

The plaintiff sought for the following prayers:

(1) A Declaration against the 1st and 2nd Defendants that the Plaintiff is entitled to the said Charges over the said 1019 Properties as listed in Enclosure 1 to this Summons in Form 16A perfected together with the annexure thereto with terms to secure and ensure payment of the Term Loan Facility of RM20.0 million and the "Bridging Loan" Facility for the sum of RM50 million granted by the Plaintiff to the second Defendant as provided in the Letter of Offer dated 10.12.1996 and the Facility Agreement dated 16.4.1997 (`the said Charges');

(2) A specific performance order against the 1st Defendant as the registered owner of the said 1019 properties as listed in Enclosure 1 to the summons to execute and perfect all relevant documentation and the said Charges on each and everyone of the 1019 issue document of titles in a registrable form and to be registered by the Registrar of Titles for Johore;

(3) And in the event that the 1st Defendant fails, defaults and/or refuse to comply with the order in paragraph 2 above within 7 days from the Order in terms grante

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