Zaleha Zahari JCA:

[1] I have read the judgment in draft of my brother, Dato' Abdul Malik Ishak, and would like to state my reasons for dismissing this appeal.

[2] In this judgment parties will be referred to as they appear in the High Court.

[3] By civil suit filed on 13 October 1993 PT Indo Food Interna Corp (the 1st plaintiff), and PT Sanmaru Food Manufacturing Co (the 2nd plaintiff), applied for the following orders: The defendants to take all necessary steps to record the transfer of "Indomie" trade to the plaintiffs in accordance with deed assignment dated 26 September 1990. Delivery up of products bearing the trade marks "Indomie", "Top Mie", "Pop Mie", "Nutrimi-Yin Duo" (in Chinese) and "Indomie Mi Goreng" by the defendants to the plaintiffs. Delivery up of all samples, pamphlets, advertising material and other material documents and papers whatsoever sent to the defendants by the plaintiffs and relating to the plaintiffs' business which the defendants may have in their possession or control including all separate books of accounts and record kept or maintained by the defendants. The defendants be restrained from selling or in any way dealing with products of the plain