Balia Yusof JC:

By way of a summons in chambers, the plaintiffs filed an application to disqualify Puan Malliga a/p G.V. Sumathri of Tetuan Malliga & Associates from representing the defendant and further and in the alternative Tetuan Malliga & Associates from handling the matters of the defendant. The application is grounded firstly, on the basis that the sailI Kandasamy who is the Managing Director of the defendant company. Mr. Balachandran is the main witness for the defendant. Secondly, it is submitted that there arises a conflict of interest on the part of Tetuan Malliga & Associates who has acted for the plaintiff at one time. Thirdly, it was contended by the plaintiff that as a Secretary to the defendant company, Puan Malliga has a pecuniary interest in the case and as such she should be barred from acting for the defendant company. And lastly it is further contended by the plaintiff that on the facts and circumstances of the case, it is difficult for the said Puan Malliga to maintain her professional independence in dealing with the matter.

In reply to the above, the defendant submits that Tetuan Malliga & Associates and the defendant company are separate legal ent