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2000 MarsdenLR 1406

NH CHAN, ABU MANSOR ALI, AHMAD FAIRUZ
TROPILAND SDN BHD – Appellant
Versus
DCB BANK BHD – Respondent


Advocates:
For the appellant - Thayalan Muniandy; M/s Thayalan & Assoc For the 1st respondent - Wong Kian Kheong (DP Naban with him); M/s LeeHishammuddin For the 2nd & 3rd respondents - Foo Say Keow; M/s Murad & Foo

Table of Content
1. factual background of the plaintiff's business and financial dealings. (Para 2)
JUDGMENT

Abu Mansor Ali JCA:

On 23 February 1998, after hearing full arguments we refused the applicant's/plaintiff's application for a stay of the learned judge's order dated 9 June 1997 granting leave to issue a writ of possession to the 2nd respondent and 3rd respondent.

The facts of this case are as follows. The plaintiff operated the business of "multi-storey car park". To enable them to carry on that business the plaintiff on 13 August 1984 obtained an overdraft from the 1st respondent bank in the sum of RM8.5 million. In return for the said overdraft the plaintiff executed with the 1st respondent a debenture dated 23 October 1991.

On 2 June 1997, the plaintiff was informed by letter that the 2nd respondent and 3rd respondent had been appointed receivers and managers of the plaintiff under the said debenture.

On 3 June 1997 the plaintiff filed a writ and took out a summons-inchambers against the respondent praying for an interlocutory injunction with a view to preventing the 2nd respondent and 3rd respondent from acting as receivers and managers of the plaintiff and entering t

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