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2005 MarsdenLR 2584 ; 2005 MarsdenLR 1

RAUS SHARIF
CITY GROWTH SDN BHD – Appellant
Versus
GOVERNMENT OF MALAYSIA – Respondent


Advocates:
For the applicant/appellant - V Sithambaram (Chetan Lachman Jethwani with him); M/s Sri Ram & Co
For the respondent - Abd Rahim Uda SFC (Azizah Hj Nawawi SFC)

JUDGMENT

Raus Sharif J:

This is an application by City Growth Sdn Bhd and Azam dan Azan Sdn Bhd (the applicants), for leave to commence proceedings under O. 53 r. 3 of the Rules of the High Court 1980 (RHC). Basically, the applicants are seeking for an order ofcertiorari to quash the order dated 5 July 2004 made by the Deputy Public Prosecutor and served on Hong Leong Bank Berhad (the Hong Leong Order) and EON Bank Berhad (the EON Bank Order) (collectively referred to as the said orders). The said orders purport to effect a seizure of, inter alia, movable property in the banking accounts of the applicants pursuant to s. 50(1) of the Anti Money Laundering Act 2000 (AMLA).

There are 3 other related matters involving the Hong Leong Order. There are:

(i) Kuala Lumpur High Court Judicial Review Application No. R1-25-151-2004 filed by Dynasty Domain Sdn Bhd against the Government of Malaysia (the Dynasty Domain Application);

(ii) Kuala Lumpur High Court Judicial Review Application No. R2-25-147-2004 filed by Prestigious Autoworld Sdn Bhd against the Government of Malaysia (the Prestigious Autoworld Application); and

(iii) Kuala Lumpur High Court No. R2-25-147-2004 filed by Luar Kota Deve

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