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 respondent on the 27th December 2004 (collectively referred to as "the said lands").

(b) That pursuant to s. 329 of the NLC, that the respondent do pay damages to the applicant herein for the wrongful entry of private caveats and such damages are to be assessed by the Senior Assistant Registrar in due course.

(c) That the respondent be restrained from further entering private caveats on the said lands.

(d) That costs be paid by the respondent.

(e) Further and other relief or remedy that this Honourable Court shall deem fit and just.

[3] And by way of encl. 7, the respondent seeks to strike out encl. (1) or seeks to stay encl. (1) pending the happening of certain events. To be precise, by way of encl. 7, the respondent seeks the following prayers:

1. That these proceedings be struck off or, alternatively, that these proceedings be stayed pending:

1.1 determination of the complaint to the Minister dated 18 December 2004 pursuant to Section 230 of the Companies Act, 1965; and/or,

1.2 determination of the summons in chambers dated 27 July 2005 filed in the Kuala Lumpur High Court bearing code No: D4-28-39-1994 (the winding-up Court) inclusive of all proceedings (appellate or otherwise) in respect of all such matters in relation thereto.

2. Such other orders and reliefs as this Honourable Court shall deem fit.

3. Costs.

[4] In point of time, encl. (1) was filed earlier than encl. 7. Enclosure (1) was filed on 25 October 2005 while encl. 7 was filed on 27 January 2006. That by itself entitles this court to hear encl. (1) first. The respondent's counsel rightly said that if encl. (1) is granted then encl. 7 would die a natural death. Another point that should be highlighted is this. That the respondent is not seeking to stay the order to remove the private caveats, if granted, but in fact purports to stay the proceedings even prior to the hearing of the applicant's originating summons in encl. (1). In short, what the respondent is attempting to do is to deny or pre-empt this court from hearing the merits and the demerits of the applicant's application to remove the private caveats entered on the said lands. It can also be said that encl. 7 is superfluous because once this court has decided that the private caveats should be removed then the whole matter would come to an end. For these varied reasons, I proceed to hear encl. (1) first.

Nomenclature

[5] The applicant is acting as the official receiver and liquidator of Maril-Rionebel (M) Sdn Bhd, formerly known as Kredin Sdn Bhd, in liquidation (company number 076086-A). By an order of the court dated 14 November 2000, Maril-Rionebel (M) Sdn Bhd was wound up under a winding-up petition number D4-28-39-1994 at the Kuala Lumpur High Court. Hereinafter, Maril-rionebel (M) Sdn Bhd shall be referred to as "the company