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2006 MarsdenLR 2971 ; 2006 MarsdenLR 1

ABDUL MALIK ISHAK
OFFICIAL RECEIVER AND PROVISIONAL LIQUIDATOR MARIL-RIONEBEL (M) SDN BHD – Appellant
Versus
ANAFARTALAR CADDESI SDN BHD – Respondent


Advocates:
For the applicant - Ahmad Redza Abdullah (Wan Azmir Wan Majid with him); M/s Shahrizat Rashid & Lee
For the respondent - Bastian Pius Vendargon; M/s Vendargon & Partners

JUDGMENT

Abdul Malik J:

Preliminary Issue

[1] There are two enclosures before me for adjudication. One is encl. (1) and the other is encl. 7. The applicant's counsel suggested that I should dispose off encl. (1) first and then followed by encl. 7. The respondent's counsel suggested the reverse and he implored me to hear encl. 7 first and then followed by encl. (1).

[2] By way of encl. (1), the applicant seeks for the removal of the private caveats on the five pieces of prime real estate lands and the prayers which the applicant seeks may be stated in this way:

(a) That pursuant to s. 327 of the National Land Code 1965 (hereinafter referred to as the "NLC"), this Honourable Court shall direct or order the Registrar of Titles, Wilayah Persekutuan to remove the five private caveats bearing presentation Number 17686/2004 on the lands held and described as Hakmilik Geran 26939, No: lot 33, Seksyen 63; Hakmilik Geran 27040, No: lot 41, Seksyen 63; Hakmilik Geran 36513, No: lot 157, Seksyen 63; Hakmilik Geran 26695, No: lot 221, Seksyen 63; and Hakmilik Geran 26694, No: lot 222, Seksyen 63, all of which are held in the city of Kuala Lumpur, Federal Territory which were entered by the resp

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