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2019 MarsdenLR 2340

FEDERAL COURT PUTRAJAYA
JAYA SUDHIR JAYARAM – Appellant
Versus
NAUTICAL SUPREME SDN BHD & ORS – Respondent


Petitioner Advocates:Cyrus Das,Robert Low,Karen Yong,Chong Lip Yi,Khong Mei- Yan ,Respondent Advocate: Su Tiang Joo,Pang Kong Leng,Chok Zhin Theng,Liew Yik Kai

Table of Content
1. nature of appeal regarding injunction. (Para 1 , 2 , 3)
2. background facts and context for the injunction application. (Para 4 , 5 , 6)
3. court held to maintain injunction based on multiple legal proceedings. (Para 18)
4. court's decision on the appeal and its rationale. (Para 19 , 20 , 21)
5. outcome mandates that high court's injunction was justified. (Para 22 , 24)
6. legislation policy regarding arbitration must respect proprietary claims. (Para 36 , 37 , 38)

[1] The appeal by Jaya Sudhir Jayaram (the appellant) is directed against the order of the Court of Appeal on 24 July 2018 by which the 1st respondents appeal was allowed and the inter partes injunction order (the injunction order) against the 1st, 2nd and 3rd respondents granted by the High Court on 6 November 2017 was consequently set aside.

[2] The present action which preceded the injunction application and order was commenced by the appellant on 8 May 2017 in the Kuala Lumpur High Court against the 1st to 3rd respondents in this appeal and Dato Seri Timor Shah Rafiq, qua the 1st defendant in the said High Court, who is not a party in this appeal. The appellants claim is basically of a proprietary nature

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