Azmi LP:

Menaka wife of M Deivarayan (hereinafter referred to as Menaka) applied by way of originating summons to the High Court at Kuala Lumpur for an order of sale by public auction of certain pieces of land (hereinafter referred to as the said lands) to satisfy a principal sum of $20,000 and interest thereon, lent by her to Ng Siew San (hereinafter referred to as Ng). The said lands were charged to Menaka and a charge was registered at the Land Office as security for the said loan. The application was made by one Nachiappa Chettiar acting as the attorney of Menaka. In my view it is important to note that nowhere in his affidavit in support of the application for the sale of the land did Nachiappa state that the moneylender was the AR PR M Firm and that Menaka was merely the managing director.

Ng objected to the application upon several grounds and set out the facts and his grounds of objections which I summarise as follows:

(1)Menaka was licensed to carry on the business of moneylending under the authorised name of AR PR M Firm at the authorised address of 30 Leboh Ampang, Kuala Lumpur.

(2)Manickam Chettiar was licensed to carry on the business of moneylending as age