Mohamed Dzaiddin J:

By this originating summons the plaintiffs seek an order of this Court for an injunction to restrain the defendants from withdrawing all arrears of rental due to them from the plaintiffs in respect of Magistrate's Court, Penang, Civil Action No. 973/78 until the final disposal of an appeal which the plaintiffs have filed in the High Court against the decision of the learned Magistrate vide Penang High Court Civil Appeal No. 62/82.

Secondly, the plaintiffs pray for an order that the defendants be charged for contempt of Court for tampering or acting contrary to the Consent Orders dated 12 May 1982 and 9 April 1983 respectively by making a frivolous application filed in the Magistrate's Court on 9 March 1984.

In support of their application, the plaintiffs rely on the facts as deposed in the affidavits of their Director, Mr. Low Keang Chai affirmed on 4 July (Encl. 2) and 25 October 1984 (Encl. 8). The defendants, on the other hand, in their reply rely on the affidavit of their Chairman, Mr. Chan Siew Teong affirmed on 5 October 1984 (Encl. 5), which said affidavit was filed in support of their application (Encl. 6) for the following Orders:

(1) an order that the causes or matters commenced against the defendants herein by different plaintiffs in Penang High Court, Originating Summons Nos. 375, 377, 378, 379, 380 and 381 of 1984 be consolidated with this cause or matter herein and be tried at the same time;

(2) an order that the plaintiffs' claim herein be dismissed as they are frivolous or vexatious and abuse of the process of the Court and/or would occasion injustice to the defendants.

(3) an order that all the arrears of single rentals paid and deposited into Court in Penang 1st Magistrate's Court, Civil Action No. 973 of 1978 be paid out to the defendants hereafter until final disposal of the appeal to the High Court against the Judgment dated 15 September 1982 therein;

(4) such further or other order that this Honourable Court deems fit proper and necessary in the interest of justice and in the exercise of its revisionary and supervisory powers under s. 33 and 35 of the Courts of Judicature Act, 1964; and

(5) an order that the plaintiffs do pay the costs of these proceedings to the defendants.

Let me first recite briefly the circumstances leading to the filing of this originating summons. The defendants commenced legal action against the plaintiffs on 4 October 1978 for vacant possession of one bay of godown No. 125, Weld Quay Foreshore, Penang and for double rent and mesne profit vide Penang First Magistrate's Court Civil Action No. 973/78 and obtained judgment in default on 15 September 1982.

The plaintiffs applied for setting aside of the said Judgment by an application dated 21 September 1982 but the learned Magistrate dismissed same with costs on 20 October 1982. Obviously, the plaintiffs did not appeal against the said default judgment but filed an appeal on 23 October 1982 against the decision dismissing their application.

In the meantime, the plaintiffs had by their application dated 26 October 1982 applied for stay of execution and at the hearing thereof and by consent an Order of Court dated 9 April 1983 was entered into for stay of execution upon the plaintiffs paying into Court all double rentals and costs as per the judgment entered against them.

The plaintiffs had not complied with the said Order and the defendants then filed an application dated 17 August 1983 to vacate the order for stay dated 9 April 1983 but the learned Magistrate dismissed the defendants' application with no order as to costs as the plaintiffs had substantially complied albeit late the requirements of the said order.

In view of the delay in this matter and as the plaintiffs were continuing in the use and occupation of godown bays the defendants filed in the application dated 9 March 1984 supported by an affidavit of Mr. Chan Siew Teong affirmed on 8 March 1984 for payment out to the defendants of all single r