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1985 MarsdenLR 82

HIGH COURT MALAYA PENANG
KASTURI PALM PRODUCTS – Appellant
Versus
PALMEX INDUSTRIES SDN BHD – Respondent


Petitioner Advocates:SP Annamalai ,Respondent Advocate: Ghazi Ishak

JUDGMENT

Mohamed Dzaiddin J:

[1] The plaintiff is a firm carrying on business at No 368, 14th Cross, Upper Palace Orchards, Bangalore, India. The managing partner is an Indian national also residing in Bangalore. The plaintiff has filed an application for leave of this Court pursuant to s 27 of the Arbitration Act 1952 to enforce the award of Arbitration No 1917 dated January 28, 1980 which was adjudicated by the Arbitrators in London pursuant to the Rules of Arbitration and Appeal of Federation of Oils, Seeds, Fats, Association (FOSFA), 24 St Mary Axe, London EC3A 8ER.

[2] The defendants have entered an appearance and are contesting the legality of the Arbitration award. However, for the present proceedings the defendants have applied before me for an order that the plaintiff furnishes security for costs before the main application is heard on the grounds that the plaintiff is ordinarily resident out of the jurisdiction of the Court. In fact, the defendants' solicitors had written to the plaintiff's solicitors asking for a sum of $15,000.00 as security for cost. The defendants' application is supported by the affidavit of Mr Chan Kai Koon, the Marketing Director of the company affirm

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