JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] On 9 September 2011, the Advocates and Solicitors Disciplinary Board ("the Board"), established under the Legal Profession Act 1976 (" LPA "), ordered that the plaintiff, Bala Subramaniam a/l Sengodan be struck off from the Roll of Advocates and Solicitors of the High Court of Malaya ("the Roll"). The order also directed that the plaintiff refund the complainant the sum of RM250,000.00 within three months from the date of the order.

[2] The plaintiff did not accept the decision and appealed to this Court. The appeal was dismissed and the plaintiff's subsequent appeal to the Court of Appeal against the dismissal was also dismissed on 26 November 2014.

[3] On 7 December 2022, the plaintiff filed the present originating summons under subsection 107(1) of the LPA seeking an order that the Registrar of the High Court of Malaya restore his name to the Roll. On 22 August 2023, Idismissed the originating summons. My reasons are as follows.

Facts Leading To Being Struck Off The Rolls

[4] In applications ofrestoration to the Roll, the Bar Council, as the statutory defendant to such applications, is required by subsection 107(3) of the LP