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IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE
Suit No. 600008 of 2000
Between
LIM AH KOW
(NRIC NO. S1234567H) ...PlaintiffAnd
CARD ASIA PTE LTD
(RC No. 199944888J) . .Defendant
ORDER OF COURT
BEFORE THE HONOURABLE
JUDICIAL COMMISSIONER MR ABC ...................IN CHAMBERS
IMPORTANT:
NOTICE TO THE DEFENDANTS
(1) This order prohibits you from doing the acts set out in this order. You should read it all carefully. You are advised to consult a solicitor as soon as possible. You have a right to ask the Court to vary or discharge this order.
(2) If you disobey this order you will be guilty of contempt of Court and any of your directors may be sent to prison or fined.
THE ORDER
An application was made today 20th of October 2000 by Counsel for the
Plaintiff to the Honourable Judicial Commissioner by way of ex-parte
Summons-In-Chambers No. 600087 of 2000, Judicial Commissioner
ABC heard the Application and read the affidavit of Lim Ah Kow filed on
20th October 2000.
As a result of the application, IT IS ORDERED AND DIRECTED by
Judicial Commissioner Mr ABC that :-
(1) That the Defendant whether by themselves, their
officers, representatives, Servants or agents or otherwise
howsoever be restrained and an injunction is hereby
Granted restraining the Defendants until trial or further
order in the meantime from doing the following acts or any
of them that is to say re-calling, withdrawing, receiving,
remitting, transferring, assigning dealing with or otherwise
disposing of the sum of $350,000.00 (including all accrued
interest) or any part thereof held by Messrs DD Goh &
Partners as Initial Deposit pursuant to Clause 12 of the
Agreement dated 23rd July 1999 entered into between the
Plaintiff and the Defendants.
(2).Costs of this application be costs in the cause.
EFFECT OF THIS ORDER
A defendant which is a corporation and which is ordered not to do something must not do it itself or by its directors, officers, employees or agents or in any other ways.
THIRD PARTIES
Effect of this order
It is a contempt of Court for any person notified of this order knowingly to assist in or permit a breach of the order. Any person doing so may be sent to prison or fined.
UNDERTAKINGS
The plaintiff gives to the Court the undertakings set out in Schedule 1 to this order.
DURATION OF THIS ORDER
This order will remain in force until the trial or further order.
VARIATION OR DISCHARGE OF THIS ORDR
The defendants (or anyone notified of this order) may apply to the Court any time to vary or discharge this order (or so much of this as affects that person), but anyone wishing to do so must inform the plaintiff's solicitors in writing at least 72 hours before hand.
NAME AND ADDRESS OF PLAINTIFF'S SOLICITORS
The plaintiff's solicitors are:-
Mr Tan Loon Beng
Messrs ABC & Co
3 Shenton Way, #21-14 Shenton House
Singapore 048556
Tel: 269 7749
Fax: 269 7788
Ref: TJS/11788.00
INTERPRETATION OF THIS ORDER
(1) In this order "he", "him" or "his" include "she" or "her" and "it" or "its".
(2) Where there are 2 or more defendants then (unless otherwise stated)
(a) Reference to "the defendants" meant both or all of them;
(b) An order requiring "the defendants" to do or not to do anything requires each defendant to do or not to do anything requires each defendant to do or not to do;
(c) A requirement relating to service of this order or of any legal proceedings on "the defendants" means on each of them.
Dated this 20th day of October 2000
Signed
ASSISTANT REGISTRAR
SCHEDULE 1
Undertakings given to the Court by the plaintiff
(1) If the Court later finds that this order has caused loss to the defendant, and decides that the defendant should be compensated for that loss, the plaintiff shall comply with any order the court may make.
(2) As soon as practicable the plaintiff shall serve on the defendant the writ of summons together with this order.
(3) As soon as practicable the plaintiff shall serve on the defendants a copy of the affidavit and exhibits containing the evidence relied on by the plaintiff.
(4) Anyone notified of this order shall be given a copy of it by the plaintiff's solicitors.
(5) The plaintiff shall pay the reasonable costs of anyone other than the defendant which have been incurred as a result of this order including the costs of ascertaining whether that person holds any of the defendant's assets and if the Court later finds that this order has caused such person loss, and decides that such person should be compensated for that loss, the plaintiff will comply with any order the Court may make.
PENAL NOTICE
If, CARD ASIA PTE LTD disobeys this Order, you, TAN SOON LONG
and TAN YOW KOK being directors of the said CARD ASIA PTE LTD
will be liable to process of execution for the purpose of compelling the
said CARD ASIA PTE LTD to obey the same.
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