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2025 MarsdenLR 5103

HIGH COURT MALAYA KUALA LUMPUR
MANOHARAN KANDASAMY – Appellant
Versus
LIM KIEN SENG & ORS – Respondent


Petitioner Advocates:Sudesh Singh,Dharmesh Singh Penesar,Esvine Maria Anne Saganathan ,Respondent Advocate: James Dominic Culaz,Sonia Deva Doss

JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] This is an application for committal by the respondents against the applicant, Manoharan a/l Kandasamy, a senior advocate and solicitor, predicated on the latter's failure to comply with an order of the Federal Court to make payment of RM5,020,907.60 to the respondents within 2 weeks of the said order of the Federal Court . The amount represented the sum that the applicant had unlawfully garnished and ordered returned to the respondents.

[2] On 14 July 2025, I allowed the committal proceedings holding the contempt of Court alleged had been proven beyond a reasonable doubt, and after hearing counsel for the applicant sentenced the applicant to 6 months' imprisonment.

[3] This judgment contains the reasons for my decision.

Background Facts

[4] The facts leading to these contempt proceedings are as follows. The applicant was retained by the 1st and 2nd respondents to represent them in various legal matters. He was discharged in March 2011. There were disagreements between the parties regarding the balance of legal fees payable. In a letter dated 2 April 2012, the respondents required the invoices to be taxed under the Legal Profes

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