JCW

[Striking Out – Estopped from filing Originating Summons] Justin was the counsel for the Defendant, Unijaya Teknologi Sdn Bhd. This is a case involving an application filed by the Defendant to strike out the Originating Summons filed by the Plaintiff. The Originating Summons was filed by the Plaintiff seeking a Court Order to sell the Defendant’s charged land due to a default by the Defendant. The Court allowed the Defendant’s application and ordered that the Originating Summons be struck out and held that the Defendant had made payments to the bank (after the default) based on the time fixed upon the request of the Plaintiff’s officers. Given that the payments were acknowledged received by the Plaintiff, the Plaintiff is estopped from filing this Originating Summons.