HIGH COURT MALAYA KUALA LUMPUR
ECONPILE (M) SDN BHD – Appellant
Versus
ASM DEVELOPMENT (KL) SDN BHD – Respondent
Introduction
[1] Two appeals by the Execution Debtor/ Defendant ('ASM') against the decisions by the learned Deputy Registrar ('DR') were heard before this Court, namely-
(a) the decision on 6 January 2021 where ASM's amended application in encl 47 was dismissed with costs of RM4,000.00. In the said application, which was filed on 13 October 2020, ASM prayed for an order-
(i) to set aside the Writ of Seizure and Sale dated 28 January 2020 ('WSS') and the Amended Prohibitory Order ('PO') dated 18 June 2020;
(ii) subject to the orders in subpara (i) above, the land held under Hakmilik No PN51515, Lot 20003 s S Bandar Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur ('said Land') is released according to O 47, r 6(k) of the Rules of 2012 ('RoC 2012'); and
(iii) to stay the execution related to the WSS and Amended PO until the disposal of ASM's appeal at the Court of Appeal against the decision of this Court on 29 November 2019 in allowing the application by the Execution Creditor/ Plaintiff ('Econpile') to enforce the Adjudication Decision dated 21 June 2019 under s 28 of the Construction Industry Payment and Adjudication Act 2012 ('CIPAA 2012') or pending the dis
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