JUDGMENT

Abdul Malik Ishak J:

Introduction

This was an application by the applicant - M Cheng Construction Sdn Bhd, to commit both the respondents to prison or to be fined in accordance with and in pursuance to O. 52 of the Rules of the High Court 1980("RHC") for failure on their part to comply with the consent order dated 3 May 2001 as well as the order dated 6 June 2001. That application of the applicant can be seen in encl. 24 captioned as originating motion and it sought for the following prayers as phrased and framed in the Malay language:

(i) Responden-responden dikomitkan ke penjara dan atau didenda menurut Aturan 52 Kaedah-kaedah Mahkamah Tinggi 1980 kerana melanggar Perintah Persetujuan bertarikh 3 haribulan Mei 2001 dan Perintah bertarikh 6 haribulan Jun, 2001;

(ii) Bahawa arahan yang perlu dan berbangkit diberikan; (dan)

(iii) Kos permohonan ini.

And the English language translation may be stated as follows:

(i) That the respondents be committed to prison and/or fined under Order 52 of the Rules of the High Court, 1980 for non-compliance with the consent order dated May 3, 2001 and the order dated June 6, 2001;

(ii) That any further consequential direction that is necess