JUDGMENT

Abdul Malik Ishak J:

Ex ParteSummons In Chambers In Encl. 71

This was the plaintiff's application for the following orders:

(1) For an Order that the Third Defendant be restrained from acting or holding herself out as director of the First Defendant Company and from otherwise intermeddling with the First Defendant's affairs or in the management of the First Defendant;

(2) For an Order that the Third Defendant whether by herself, her agents or servants be restrained and an injunction be granted restraining the Third Defendant until the full and final disposal of this action or until any further order from transferring, selling, charging, pledging, disposing or dealing in any manner whatsoever with the shares, lands, assets, properties, monies in bank accounts in the name of EC Controlled Demolition Sdn Bhd or its subsidiaries;

(3) That the Third Defendant deposit all share certificates and transfer forms with this Honourable Court within 48 hours upon service of this Order upon the Third Defendant or her Solicitors;

(4) For an Order that all accounts at Maybank held by the First Defendant at Maybank Taman Segar Branch, Cheras, Kuala Lumpur be frozen pending the full and final disposal of this action;

(5) Such further or other relief that the Court deems fit;

(6) Costs.

based on the following grounds:

(1) The Second Defendant had by a deed dated 31st August 1996 irrevocably covenanted with the Plaintiff that 60% of the shares in the First Defendant out of a 68% shareholding be transferred to the Plaintiff absolutely to distribute as she deems fit;

(2) Between the date of execution of the said deed and the official search made on 29.10.97 at the Registry of Companies the Second Defendant has transferred 19,000-00 shares to the Third Defendant. As of to date the Third Defendant holds 37,999 shares. The Third Defendant is a mere nominee of the Second Defendant and has not paid any consideration for the said shares;

(3) It is therefore necessary for the Plaintiff to obtain inter aliaan injunction restraining the Third Defendant from transferring, selling, charging, pledging, disposing or dealing in any manner of the shares, lands, assets, properties etc of the First Defendant so as to preserve the status quootherwise irreparable damage will be caused to the Plaintiff;

(4) As stated in the affidavit of Kordial Kor d/o Kundang Singh filed herein in support of this application.

and supported by an affidavit in encl. 70 that was affirmed by the plaintiff on 31 December 2001 which was filed on the same day. I heard encl. 71 on 10 January 2002 and it now transpired that the second defendant by the name of Balwant Singh Chyle a Singapore citizen, had died on 10 January 2002 in Singapore of an acute myocardial infarction with a significant alcoholic liver cirrhosis. But when I heard encl. 71 on 10 January 2002, I was not told that the second defendant had died on that day at 7.12am (see the certificate of registration of death from Singapore). Joseph Stalin used to say that:

A single death is a tragedy, a million deaths is a statistic.

Be that as it may, the plaintiff, also a Singapore citizen deposed in her affidavit in encl. 70 that she is (was) the lawful wife of the second defendant. The plaintiff deposed and alluded to a deed dated 31 August 1996 that was made between the second defendant and herself wherein the second defendant appointed herself as a trustee of the said deed. Under the deed, provision was made by the second defendant for the maintenance, education and benefit of the second defendant and the plaintiff's three children. Pursuant to the said deed, the second defendant covenanted to transfer to the plaintiff, monies which represented 20% of the second defendant's income and profits as a 68% shareholder in the first defendant EC Controlled Demolition Sdn Bhd, for the period commencing from January 1994 until December 1995 and thereafter to transfer to the plaintiff, on or before 31st day of June of each and every