Abdul Malik Ishak J:

Enclosure 46

[1] By this enclosure, the plaintiff sought under the inherent jurisdiction of this court and/or the liberty to apply implied in the order of the High Court dated 9 September 1996 as affirmed by the order of the Federal Court dated 18 September 2000 for an order that:

(a) the order of the High Court dated 9 September 1996 (staying the proceedings for the disputes to be referred to arbitration) as affirmed by the order of the Federal Court dated 18 September 2000 be varied by adding the proviso that the defendant be precluded from pleading and relying on the defence of limitation for the period beginning from 17 May 1995 and ending on 18 September 2000 in the arbitration proceedings (the starting date of 17 May 1995 represents the date the defendant first applied for a stay of proceedings whereas the closing date of 18 September 2000 represents the date the Federal Court disposed off the issue whether the proceedings ought to be referred to arbitration);

(b) the costs of this application be taxed and paid by the defendant to the plaintiff; and

(c) such other relief and/or order as this Honourable Court may deem fit and just.

Facts Of The Ca