Faiza Tamby Chik J

The applicant had filed a notice of motion dated 14 August 1998 (encl 1) and an affidavit-in-support affirmed by Tan Tiong on 12 August 1998 (encl 2).

The applicant is seeking an order of court to have a letter dated 1 November 1993 to be sent to the Jabatan Kimia in order to verify the signature contained therein and to further compel the first respondent to provide specimen signatures for that purpose. Further, the applicant is also seeking a stay of the Sessions Court Suit No 52–4885–95 pending the verification of the signature by the Jabatan Kimia.

The first respondent had raised preliminary objections to encls 1 and 2 vide letter dated 17 August 1998 to the applicant's solicitors.

The preliminary objections are as follows:

(1) that the mode of application by way of notice of motion is bad in law;

(2) that the application did not comply with Form 10 of the Rules of the High Court 1980 ('the RHC');

(3) that the application had not stated the statute or the rules of the court under which the court is being moved;

(4) that the application should not have been made in Shah Alam High Court;

(5) that this application is bad in law as it amounts to a mandatory injun