JUDGMENT

John Lee Kien How @ Mohd Johan Lee J:

Introduction

[1] The plaintiff is a licensed financial institution. The defendant was the director and shareholder of Hosba Valley Resort Sdn Bhd ("HVRSB") and guarantor of the loans given by the plaintiff to HVRSB in the sum of RM12,500,000.00 vide Loan Agreements in 1995 and 1996 ("Loans").

[2] A piece of land, namely, all that piece of land held under HS(D) 504/95 No PT 1137, Mukim Hosba, Daerah Kubang Pasu, State of Kedah Darul Aman ("the Land") owned by HVRSB was charged to the plaintiff as security for the Loans and was duly forfeited by the plaintiff via Order for Sale dated 10 January 2000 in Originating Summons No 24-1441-1999 ("Foreclosure Suit").

[3] HVRSB was later wound up by the court on 26 September 2012 and a liquidator (Dato' Robert Teo Keng Tuan) was duly appointed on 11 November 2015 ("liquidator").

[4] The defendant was declared a bankrupt on 4 July 2013 and presently retains the status of an undischarged bankrupt. Proof of Debt was filed by the plaintiff against the defendant for the sum of RM29,441,308.41 with the Official Receiver on 6 April 2016.

[5] The outstanding debt under the Loans has not been paid by HVRSB or the defendant.

[6] Meanwhile The plaintiff has not been able to auction off or dispose of the Land due to the defendant's action of,, inter alia, challenging the sale of the Land via various court filings and applications.

[7] The defendant had instituted various legal proceedings in court against the plaintiff and/or the liquidator namely: Originating Summons No KA-24NCvC-341-08/2021, Originating Summons No KA-24NCvC-358-09/2021 and Originating Summons No KA-24NCvC-543-11/2024.

[8] The 341 and 358 suits were struck out by the High court due to the defendant's failure to obtain the sanction from the Director General of Insolvency before commencing the suits.

[9] Two caveats on the Land filed by the defendant and his wife, Meenachi a/p S.N.K Narayanan were ordered to be removed via court order on 13 October 2021 obtained by the plaintiff through Originating Summons No KA-24NCvC-171-04/2021 and KA-24NCvC-172-04/2021.

[10] The defendant had also filed various applications in the Foreclosure Suit,, inter alia, an injunction application to prohibit the plaintiff from selling the Land other than by way of a public auction and a declaration application to declare that the Land contain restriction in interest.

[11] Consequently, due to the plaintiff's inability to sell the Land, substantial amounts in quit rent have been incurred by the plaintiff. Potential buyers of the Land are hesitant to proceed further due to the numerous legal disputes. The plaintiff then filed this Suit ("this OS") in this court.

[12] Through this OS, the plaintiff claims for the following relief:

"(A) that an interim stay of the proceedings in Originating Summons No KA-24NCvC-543-11/2024 be granted only against the plaintiff until the disposal of this Suit;

(B) that the defendant be declared as a vexatious litigant in respect of all matters directly, indirectly and/or incidental to the piece of land held under Title No HS(D) 504/95 Lot No PT 1137, Mukim Hosba, Daerah Kubang Pasu, Kedah ("Land"), and the exercise of the plaintiff's rights as a lawful charge in respect of the said Land;

(C) An order that the defendant be restrained from instituting any legal proceedings in any court against the plaintiff and/or the liquidator, in respect of all matters directly, indirectly and/or incidental to the said Land, without first obtaining the prior leave of the High court;

(D) Consequently, if Prayers (B) and (C) above are granted, an order be granted for the Originating Summons No KA-24NCvC-543-11/2024 to be struck out against the plaintiff and the liquidator;

(E) that any application for leave pursuant to Prayer (C) above must not be made ex-parte and must be served on the plaintiff at least 14 days prior to the date of the hearing;

(F) that any Suit and/or application filed by the defendant against the p