[ON ENCLOSURE (29)]

I. APPLICATION

Enclosure (29) before me was filed by the respondent seeking an order that the petitioner's petition in enclosure (2) filed on 24 August 2004 be struck out with costs pursuant to O. 18 r. 19(1)(d) of the Rules of the High Court 1980 or the inherent jurisdiction of the court.

II. FACTUAL BACKGROUND

The petitioner herein is Affin Bank Berhad ("Affin"). BSN Commercial Bank (Malaysia) Bhd ("BSN") has on 19 October 2000 vide Kuala Lumpur Civil Suit D7-22-1332-2000 ("the Kuala Lumpur suit") obtained judgment against, inter alia, the respondent in the sum of RM4,581,013.79 together with further interest at 2.5% per annum above the base lending rate (at 6.8% per annum) calculated on monthly rests with effect from 31 March 2000 until full realisation, and penalty interest of 1% on the above prescribed rates in the event of late payments ("the judgment").

On 26 April 2001 vide the Kuala Lumpur suit, BSN has obtained an order that the judgment creditor BSN be replaced by Affin the petitioner.

As at 31 May 2004, the judgment sum amounted to RM6,375,661.06.

On 21 June 2004, BSN through its solicitors served a statutory notice under s. 218 of the Compa