JUDGMENT

Ahmad Bache J:

[Enclosure (42) - Order For Committal Against The Second Defendant

Enclosure (44) - To Set Aside The Judgment Dated 11 March 2019]

A. Brief Fact

[1] There was a consent judgment recorded between the Second Defendant (for both Defendants) vide Enclosure (38). Despite a lapse of 7 months, the Defendants still failed to comply with the Order and Judgment of this Court dated 11 March 2019 (on Order 14A Judgment), amongst others, was to account for the dealings in the land in question in the form of an affidavits.

[2] Consequently, vide Enclosure (42), the Plaintiff had made an application to this Court to commit the Second Defendant, Jasvinder Singh (as the First Defendant has died) for contempt of this Court.

[3] After hearing submissions from parties, this Court had found that the Second Defendant had committed contempt of Court. After hearing submissions on mitigation, this Court ordered the Contemnor/Second Defendant to pay a fine of RM35,000.00 within 2 months until 11 October 2022. In default, 1-month jail and cost of RM5,000.00 to be paid to the Plaintiff.

[4] Vide Enclosure (44), the Second Defendant had made an application to set aside the 11 March 2019 Order a