3. Pursuant to the said judgment dated 25.10.2002, the Plaintiffs issued a Writ of Seizure and Sale vide Writ of Execution No. AE-37-59-2002 dated 13.11.2002 against the properties of the said Public Bank Berhad.
4. The said Defendant, Public Bank Berhad thereupon issued their own Bankers Cheque No. 147363 dated 15.11.2002 for RM14,362,312.00 in favour of Penolong Kanan Pendaftar, Mahkamah Tinggi, Kuala Lumpur in purported accord and settlement and satisfaction of the said Writ of Execution.
5. The Plaintiffs requested and required the said Public Bank Berhad to pay the cheque directly to the Plaintiffs but the said Public Bank Berhad refused to do so and directly contacted the 1st Defendant (Mr Justice James Foong) who directed the Senior Assistant Registrar to allow and accept payment by the Public Bank Berhad instead into Court.
7. At the said material time there was no stay of execution.
8. Thereafter the said Public Bank Berhad stopped payment and the said Bankers Cheque drawn on themselves was returned by the Accountant General as "tidak laku".
11 (a) The 1st Defendant who is attached to the Civil Division (but the Plaintiffs' said case was in the Commercial Division) thereupon as agent, employee and/or at the request of the officers, solicitors or employees of Public Bank Berhad telephoned the Penolong Kanan Pendaftar, High Court, Kuala Lumpur, namely, Encik Mohammad Nordin bin Abd Rauf, in charge of the matter to accept the said bankers cheque as payment into court.
In deciding against the Plaintiffs , Mr Justice Vincent Ng said:
Yet nevertheless, in this outrageous case, I am driven to say that this action arising out of an entirely faultless act of the judge in carrying out the duties assigned to him as head of the Civil Division of the Kuala Lumpur High Court, is marked by serious errors, both in its inception and execution, and inspired by false perception of the health of the judiciary.
INDAH DESA SAUJANA CORP SDN BHD & ORS V. JAMES FOONG CHENG YUEN & ANORHIGH COURT MALAYA, KUALA LUMPUR[CIVIL SUIT NO: D1-21-54-2005]