DATO HJ ABU MANSOR BIN ALI
BANK OF INDIA – Appellant
Versus
KRISHNA KUMAR TRIYUGI NARAIN SHARMA – Respondent
Hj Abu Mansor Bin Ali J:
This is an appeal by the defendant/appellant against my decision given on 17 August 1992 dismissing his appeal with costs against the decision of the learned Senior Assistant Registrar registering a Singapore judgment on 20 October 1989.
The main submission of the appellant/defendant is that plaintiff committed fraud when he obtained the Singapore judgment. Defendant said that the judgment entered by the plaintiff in Singapore was an O. 14 judgment. He, however, could not categorically state the fraud as he did not have the full facts of the fraud especially because the information of the fraud came only after the judgment. Defendant alleged that the guarantee on which the plaintiff relied on and for which the Singapore judgment was obtained was an incorrect document which was obtained without the defendant's knowledge or consent.
Defendant alleged that the defendant signed the guarantee which was meant as a security for facilities granted by the plaintiff to the principal borrower company. The defendant was a director of the principal borrower company. The defendant says there was absence of a board resolution of the principal borrower. There wa
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