[10] As a result, the defendant terminated the BBA financing facility and proceeded to file an action against the plaintiffs in Kuala Lumpur High Court Civil Suit No: WA-22M-39-03-2017 to recover the sum due and owing to the defendant. The defendant obtained judgment in its favour on 17 July 2017.

[11] The defendant then filed an action against the 1st plaintiff in Ipoh High Court Civil Suit No: AA-24FC-526-06-2017 for an order for sale of the said Land and the defendant had obtained the order as prayed on 18 May 2018.

[12] At about the same time, the 1st plaintiff had filed an action against the defendant in Ipoh High Court Civil Suit No: AA-24NCVC-343-08-2017 to set aside the said Charge but the action was withdrawn by the plaintiff on 16 November 2017.

[13] On 4 June 2018, the plaintiffs filed this application vide Originating Summons dated 4 June 2018 ("encl 1") against the defendant to, inter alia, invalidate the APA, ASA, SA, the said Charge and the GIA.

[14] The plaintiffs in encl 1 claimed for the following reliefs, and I quote:

"1. Satu Deklarasi bahawa "Asset Purchase Agreement"