KUALA LUMPUR: The High Court has dismissed an interim injunction to stop the sale of the Putra Place land in Kuala Lumpur by OSK Trustees Bhd to Sunway Real Estate Investment Trust (SunREIT).
SunREIT said on Thursday, Apr 28 that the High Court dismissed the summon-in-chambers with costs. Robert Ti and Kornelis Kurniasai had sought an interim injunction to stop the sale of the property.
"The High Court also dismissed the Plaintiffs' oral application for an interim order that the trustee and SunREIT be restrained from selling or dealing with Putra Place pending the disposal of the originating summons," it said.
SunREIT said the trustee was advised by its solicitors that in their opinion, the plaintiffs were not likely to succeed in their claims in the originating summons against the trustee. The High Court has also fixed the originating summons for case management on May 5.
Ti and Kurniadi had on Apr 19 served an originating summon, a summon-in-chamber and an affidavit on the law firm acting for OSK Trustees Bhd as second defendant and SunREIT as third defendant. The other defendants in the originating summon and summon-in-chamber are Commerce International Merchant Bankers Bhd (CIMB) as the first defendant, the deputy registrar of the Kuala Lumpur High Court as the fourth defendant and the auctioneer Abu Bakar Abdul Rahman as the fifth defendant.
Ti and Kurniadi had sought a declaration that the sale by public auction of Putra Place land on March 30 had breached the Proclamation and Conditions of Sale and/or the National Land Code, 1965.
The two had also sought a court order that the sale of the Putra Place land to OSK Trustees be set aside as being null and void and also that CIMB was not permitted to complete and discharge the charge in the interest of OSK Trustees and SunREIT.
They had also sought a court order that CIMB was not permitted to relinquish the title to OSK Trustees or SunREIT.
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