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1991 MarsdenLR 1476

ZAKARIA YATIM
RE SAMA CORPORATION SDN BHD; CI HOLDINGS BHD – Appellant
Versus
JABATAN PEMEGANG HARTA – Respondent


Advocates:
VJ Kumar (Jaspal Singh with him) (Kumar Jaspal & Quah) for the receiver and manager.
K Balagum (AK Lee & Co) for the creditors.
O Thaiyub Khan (Jabatan Pemegang Harta) for the Official Liquidator.
RR Sethu (Khoo Phaik See with him) (Khoo Naidu & Deol) for the former director of Sama Holdings Bhd.
WSW Davidson (Azman Davidson & Co) for the interveners.

JUDGMENTBY: ZAKARIA YATIM J

There are five similar applications before this court. The first application was filed by Teras Tenaga Industries Sdn Bhd, a creditor of Sama Corporation Sdn Bhd (hereinafter referred to as the company). The second application was filed by Mr Lim Tuck Fatt, the former director of the company (in liquidation). The third application was filed by Concrete Industries (Johore) Sdn Bhd, Morier (Malaysia) Sdn Bhd, and Tas-Redland Tiles Sdn Bhd, who are also creditors of the company. The fourth application was filed by Sama Wira Mulpha Industries Sdn Bhd, another creditor of the company. The fifth application was filed by Sama Corporation (KB) Sdn Bhd also a creditor of the company.

In all these five applications, the applicants are seeking the order of the court (a) to set aside an order made by this court on 9 July 1990; (b) that sales pertaining to the land held under EMR 3843, Lot 513, Mukim of Petaling (hereinafter referred to as the said land) be stayed pending the outcome of their applications; (c) that notice be given to the other creditors of the company of their applications; and (d) that the costs of the applications be costs in the cause.

The or

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