ENCLOSURE:

IN THE HIGH COURT OF MALAYA AT KUALA LUMPUR

IN THE WILAYAH PERSEKUTUAN, MALAYSIA

(CIVIL DIVISION)

CIVIL SUIT NO. S-22NCVC-943-10/2021

BETWEEN

MAHMET OMER                                         …

PLAINTIFF
(PASSPORT NO.: A54230986)

AND

 FAKIR BIN FAHMI

(NRIC NO.: 880907-14-2553)

FLY SDN BHD        …DEFENDANTS

(COMPANY NO.: 167131-V) 

EX PARTE NOTICE OF APPLICATION

LET ALL THE PARTIES CONCERNED attend before the Judge/Registrar in

Chambers/Open Court on the            day of                   at           a.m/p.m on the hearing
of an application on the part of the Plaintiff under Order 29 Rule 1 and Order 32 Rule 1 of the
Rules of Court 2012 for orders as stated:-

a. A Mareva injunction to be granted to restrain the Defendant whether by itself, its

servants or agents or nominees or otherwise howsoever from removing out of the
jurisdiction of the Court, selling, disposing of, charging, pledging, transferring,
dissipating and/or otherwise dealing with its assets or assets held in the name of the
Defendant controlled by it within the jurisdiction insofar as the same do not exceed
the sum RM 500,000.00 including and in particular:-
i. Monies held in Bank Megah bearing the address of No 2A-1, Jalan Maju
7/1, 53000, Wangsa Maju, Kuala Lumpur.
ii. A piece of land amounting to RM2,100,000.00 bearing the address of
iii. a shop lot bearing the address No.1, Jalan Besar, Wangsa Maju, Kuala
Lumpur
iv. 210,000 shares held in Fly Sdn Bhd
or attempting to take any steps to remove the same out of the jurisdiction until the trial of this
action and for the Defendant to disclose the value, nature, and whereabouts of all the assets
owned beneficially by it, whether in its own name or in the names of the companies
controlled or directed by it or otherwise howsoever.;

b.              Cost of this application; and

 
c.              Any further and/or other relief that this Honourable Court shall deem fit and just.

The grounds of the application are as follows:

1. The Plaintiff has a good arguable case against the Defendant as the Defendant had
committed misrepresentation which induced the Plaintiff to remit RM500,000.00 to
be utilised as part payment for a piece of land for the Plaintiff’s factory that to be
registered in the joint names of the Plaintiff and the Defendant for RM2,100,000.00.

2. The Defendant has assets within the jurisdiction as monies amounting to

RM500,000.00…

3.   There is a real risk that the Defendant will remove its assets out of the jurisdiction or
dispose the assets within the jurisdiction before the Judgment is satisfied due to
nefarious activities carried out by the Defendant.

The detailed grounds of this application are as appears in the Affidavit in Support affirmed
on 31 May 2021.
st

Dated this         day of     , 2021

       ..................................................................
.
                                                                             Registrar

 High Court at Kuala Lumpur

This EX PARTE NOTICE OF APPLICATION is filed by Messrs … Solicitors for the

Plaintiff whose registered address is at Suite 2, AL 704, Academic Building 2, Faculty of
Law, Universiti Teknologi MARA, 40450 Shah Alam, Selangor Darul Ehsan.
(Ref. No.: M/CJ/052021/01)