MFORCE BIKE HOLDINGS SDN. BHD v NUR ATIKAH BINTI AZWAR

wa-23cy-21-05-2024 High Court (Mahkamah Tinggi) 24 June 2025 • WA-23CY-21-05/2024 • 13 min read
19 cases cited (0 SG, 19 foreign)

Catchwords

[1] This is the Defendant’s application to commence committal proceedings against the Plaintiff’s representative (Enclosure 75) under Order 52 Rule 3 (2) of Rules of Court 2012 (ROC). [2] The Plaintiff operates a business in manufacturing, distributing, and selling motorcycles and motorcycle spare parts under various brands, including “SYM.” The Defendant is an individual and Malaysian citizen who has address of service at 23 Jalan Ara SD 7/4F Bandar Sri Damansara, 52200 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur. [3] Earlier in 2024, the Plaintiff launched a new SYM motorcycle named “Husky-150” which has quickly become highly sought after by bikers and riders in Malaysia, resulting in a waiting list. [3} This Court is satisfied that the Defendant has failed to show a prima facie contempt of court on the part of the alleged contemnor. Based on the above deliberations, this Court dismissed Enclosure 75 with costs.

Judges (1)

Suzana binti Muhamad Said Delivered

Counsel (6)

Basharuddin Iskandar Firm Zi & Associates Firm Aisya Anwar Counsel Defendant Mohd Iskandar bin Ismail Counsel Plaintiff Muhammad Faris bin Muhamad Fazly Counsel Plaintiff ZH Lim Counsel Defendant

Parties (2)

MFORCE BIKE HOLDINGS Sdn Bhd Plaintiff Nur Atikah binti Azwar Defendant

Case Significance

MFORCE BIKE HOLDINGS SDN. BHD v NUR ATIKAH BINTI AZWAR is a High Court (Mahkamah Tinggi) decision dated June 24, 2025 (citation: wa-23cy-21-05-2024). The case was decided by Suzana binti Muhamad Said.

Key issues: [1] This is the Defendant’s application to commence committal proceedings against the Plaintiff’s representative (Enclosure 75) under Order 52 Rule 3 (2) of Rules of Court 2012 (ROC)..

What was the outcome of MFORCE BIKE HOLDINGS SDN. BHD v NUR ATIKAH BINTI AZWAR?

MFORCE BIKE HOLDINGS SDN. BHD v NUR ATIKAH BINTI AZWAR is a High Court decision dated June 24, 2025. The case was heard by Suzana binti Muhamad Said. See the full judgment for details.

Statutes Cited

Courts of Judicature Act 1964 (Cap 91)
s 13
Federal Constitution
Art 126
Rules of Court 2012

Cases Cited (19)

MY (19)
[1993] 2 AMR 1205 [1993] 2 MLJ 217 [1993] 3 CLJ 210 [2003] 1 MLJ 567 [2003] 3 MLRH 13 [2003] 7 CLJ 81 [2009] 10 MLRH 677 [2009] 9 MLJ 441 [2015] 4 CLJ 113 [2015] 5 AMR 146 [2016] 1 CLJ 52 [2016] 2 MLRH 31 [2016] 7 MLJ 1 [2018] 3 MLJ 715 [2018] 6 CLJ 573 [2022] MLJU 490 [2023] MLJU 2605 [2024] 2 CLJ 73 [2024] MLJU 2725

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-23cy-21-05-2024)