Mohamed Dzaiddin J:

This is an application by the plaintiff to commit both the 1st and 2nd defendants to prison for contempt for failing to comply with the order of court dated 10 December 1986 whereby they were ordered to forthwith deliver to the plaintiff a continuing and irrevocable banker's guarantee in favour of the plaintiff's clients.

Incidently, there is a pending application before my brother Edgar Joseph Jr. J for setting aside the said Order of 10 December 1986 which I have just been informed would be withdrawn. An application for an adjournment of this present proceeding was made by Mr. Goh for the defendants to me which I disallowed. I was and am still satisfied that based on the affidavits of the two defendants affirmed on 15 January 1987 (encl. 11) the application for a stay of this proceeding is devoid of any merit and merely a process of delay.

However, what is important in this present proceeding is the disclosure during the hearing on 21 January 1987 that the 1st defendant had been an undischarged bankrupt since September 1986 and had continued to represent himself as a director of Kedah Utara Development Sdn. Bhd. and had wilfully attested documents and