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1993 MarsdenLR 806

HIGH COURT MALAYA TAIPING
SEGAR RESTU (M) SDN BHD – Appellant
Versus
WONG KAI CHUAN & ANOR – Respondent


Petitioner Advocates:A Selvanathan ,Respondent Advocate: Gurbachan Singh

JUDGMENT

Abdul Malik Ishak JC:

[1] This is an application by the plaintiff for an order of committal against the first defendant for contempt of Court.

[2] The facts of the case may be stated, briefly, as follows. On 5 March 1993, the plaintiff made an ex-parte application for an order that the defendants by their servants or agents or otherwise be restrained, inter alia, from entering or trespassing upon a piece of land comprised in HS(D) LM 4277-4311, PT 2053- 2007 (previously known as EMR 1133, Lot 76), Mukim Sungai Tinggi, in the district of Larut and Matang (hereinafter referred to as "Lot 76"). The injunction order that was sought for, was duly obtained on the same day ("the Court Order"). The Court Order was served personally to the first defendant by the plaintiff accompanied by Constable 99810 Muniandy on 29 June 1993 at about 2.45 pm at No 5, Lorong 14, Aulong, Taiping (see encl 25). Since the first defendant refused to accept service, the Court Order was left at the said premises.

[3] The terms of the Court Order, in so far as relevant to the present proceedings, are as follows:

ADALAH DIPERINTAHKAN bahawa banglo dan kilang di atas HS(D) LM 4277-4311, PT 2053-2087 (dahulu dik

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