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JUDGMENT

Abdul Aziz Mohamad J:

Under three subcontracts, the judgment debtors ("Way Soon") contracted to do certain construction works for the main contractors, TSR Bina Sdn Bhd ("TSR"), the garnishees. On 12 February 1998 the learned Senior Assistant Registrar, on the application of the judgment creditors ("Binamin"), made an order under O. 49 r. 1attaching all debts due or accruing due from TSR to Way Soon to satisfy the judgment obtained by Binamin against Way Soon in this action, pending TSR's showing cause against the attachment. On 5 August 1998 the learned Senior Assistant Registrar found that TSR failed to show cause and made an order to that effect. TSR now appeal.

It appears from the written submissions in this appeal to be common ground that what Binamin have been claiming as debts due or accruing due from TSR to Way Soon is a retention sum of RM595,682.16 retained by TSR under and in accordance with the three subcontracts. According to O. 49 r. 1(1), TSR may be ordered to pay that sum to Binamin, or so much thereof as is sufficient to satisfy the judgment and the costs of the garnishee proceedings, if it is a "debt due or accruing due" from TSR to Way Soon. The judgment

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