INDIAN OVERSEAS BANK v 1. ) PEMAJU SRI SINAR SDN BHD 2. ) CRP SERVICES SDN BHD 3. ) SANGKAR A/L VIGIN KUMAL 4. ) MAGENDERAN A/L RAMASAMY 5. ) ELAVARASAN A/L VELOO 6. ) PENDAFTAR HAKMILIK PEJABAT TANAH DAN GALIAN SELANGOR 7. ) K.S SECONDARY FIBRE SUPPLIER SDN BHD 8. ) SUNBOSCH MACHINERY (M) SDN BHD 9. ) READY CASH SDN BHD
ba-22ncvc-521-12-2022 High Court (Mahkamah Tinggi) 16 June 2025 • BA-22NCvC-521-12/2022 • 25 min read
16 cases cited
(0 SG, 16 foreign)
Catchwords
This case presents a scenario that strikes at the heart of every registered landowner’s worst fears: the sudden discovery that their title or interest in land has vanished. Here, the Plaintiff seeks to reclaim an interest in the form of a charge. The Plaintiff alleges that its interest has been compromised through a series of fraudulent dealings. The land that was charged to the Plaintiff was discovered to have been discharged and transferred to another party. It did not stop there. The said land was further encumbered, with other attempts to transfer the land and to secure a loan from unsuspecting third parties. In the wake of this scheme, a trail of innocent victims is left to bear the consequences orchestrated by the perpetrator(s). The central issue for determination is whether the Plaintiff is entitled to the various reliefs sought against the ten Defendants the Plaintiff has named in this suit. In resolving this primary question, the Court must also consider the competing rights of the Plaintiff as weighed against those of the ten Defendants involved.
Judges (1)
Counsel (10)
Murugayah Balasubramaniam & Co. Firm Nith Gowri Lachman & Partners Firm Pejabat Penasihat Undang-Undang Negeri Selangor Firm T S Onn & Partners Firm Mohd Fairus bin Ismail Counsel Defendant Muhammad Shah Faris bin Kamarulzaman Counsel Defendant Murugayah a/l Balasubramaniam Counsel Defendant Ng May Counsel Plaintiff Oon Thian Seng Counsel Plaintiff Rahul bin Farhan Menon Counsel Plaintiff
Parties (10)
CRP SERVICES Sdn Bhd Defendant INDIAN OVERSEAS BANK Plaintiff K.S SECONDARY FIBRE SUPPLIER Sdn Bhd Defendant PEMAJU SRI SINAR Sdn Bhd Defendant PENDAFTAR HAKMILIK PEJABAT TANAH DAN GALIAN SELANGOR Defendant READY CASH Sdn Bhd Defendant SUNBOSCH MACHINERY Sdn Bhd Defendant Elavarasan a/l Veloo Defendant Magenderan a/l Ramasamy Defendant Sangkar a/l Vigin Kumal Defendant
Case Significance
INDIAN OVERSEAS BANK v 1. ) PEMAJU SRI SINAR SDN BHD 2. ) CRP SERVICES SDN BH... is a High Court (Mahkamah Tinggi) decision dated June 16, 2025 (citation: ba-22ncvc-521-12-2022). The case was decided by Choong Yeow Choy.
Key issues: The central issue for determination is whether the Plaintiff is entitled to the various reliefs sought against the ten Defendants the Plaintiff has named in this suit..
What was the outcome of INDIAN OVERSEAS BANK v 1. ) PEMAJU SRI SINAR SDN BHD 2. ) CRP SERVICES SDN BH...?
INDIAN OVERSEAS BANK v 1. ) PEMAJU SRI SINAR SDN BHD 2. ) CRP SERVICES SDN BH... is a High Court decision dated June 16, 2025. The case was heard by Choong Yeow Choy. See the full judgment for details.
Statutes Cited
National Land Code (Cap 828)
Rules of Court 2012
Cases Cited (16)
MY (16)
[1997] 2 MLJ 598 [2010] 1 AMR 557 [2010] 2 CLJ 269 [2010] 2 MLJ 1 [2011] 5 MLJ 512 [2011] 7 CLJ 121 [2014] 1 AMR 493 [2014] 1 CLJ 987 [2014] 2 MLJ 768 [2015] 6 MLJ 1 [2015] 8 CLJ 944 [2017] 6 MLJ 776 [2018] 3 AMR 259 [2019] 4 MLJ 141 [2020] AMEJ 1740 [2020] MLJU 2111
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ba-22ncvc-521-12-2022)