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1979 MarsdenLR 136

FEDERAL COURT JOHOR BAHRU
SINGMA SAWMILL CO SDN BHD – Appellant
Versus
ASIAN HOLDINGS (INDUSTRIALISED BUILDINGS) SDN BHD – Respondent


Petitioner Advocates:GS Nizar ,Respondent Advocate: E Gunaratnam

JUDGMENT

Anuar Jc:

[1] This is an application by the respondents, Asian Holdings (Industrialised Buildings) Sdn Bhd by way of Notice of Motion for an Order that:

(1) The Warrant of Distress issued herein on the 30th day of January, 1977 and/or the execution thereof may be discharged and this suit may be dismissed on the grounds set out in the affidavits filed herein in support of this application.

Alternatively:

(2) The applicants by their servants or agents including the Court Bailiff and all persons holding through or under them may be restrained and an injunction may be granted restraining them from proceeding with the execution of the Warrant of Distress issued herein on the 30th day of January, 1977 by way of sale by public auction or otherwise.

In the further alternative

(3) The Warrant of Distress issued herein on the 30th day of January, 1977 and/or the execution thereof may be suspended pending the final determination of the issues set out in the affidavits filed herein in support of this application.

In any event

(4) This Distress Suit and all proceedings herein may be stayed pending the final disposal of Johore Bahru High Court Civil Suit No:729 of 1977 between the respondents he

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