ENACTMENT NO. 4 OF 2003
SYARIAH COURT CIVIL PROCEDURE (STATE OF SELANGOR) ENACTMENT 2003


THIRD SCHEDULE - FORM MS 36-40
FORM MS 36

SYARIAH COURT CIVIL PROCEDURE (STATE OF SELANGOR)
ENACTMENT 2003

(Subsection 160(a)(ii))

ORDER FOR EXECUTION BY SEIZURE AND SALE (ATTACHMENT OF SHARES, ETC.)

(General Title)

To ................ (judgment debtor) of ................................................................. Pursuant to the order for execution made against you in these proceedings on he ............ day of ............... 20 ............... in respect of the sum of RM ................... then due, it is hereby ordered that the *shares/stocks/debentures/bonds specified in the Schedule hereto and standing in your name be and are hereby attached and taken in execution of the said order.

And take notice that the authority, corporation, officer or person having charge of the register is hereby prohibited from allowing any transfer of the said *shares/stocks/debentures/bonds without the leave of the Court and is hereby required to pay all interests or dividends due thereon into Court to the credit of these proceedings until further order of the Court.
SCHEDULE

......................................
Judge/Registrar
* Delete where not applicable

FORM MS 37

SYARIAH COURT CIVIL PROCEDURE (STATE OF SELANGOR)
ENACTMENT 2003

(Subsection 161(2)(a))

HIWALAH NOTICE

(General Title)

Upon the execution order dated the ........ day of .................... 20 .............

It is ordered that all debts due or accruing due from the abovenamed muhal ‘alaih to the abovenamed judgment debtor (in the sum of RM ............) be attached to answer a judgment recovered against the said judgment debtor by the abovenamed judgment creditor in the Syariah ........... Court on the ........... day of .......... 20. ........ for the sum (or to answer an order made in the Syariah

......... Court on the ....... day of ........ 20 .... ordering payment by the said judgment debtor to the abovenamed judgment creditor of the sum) of RM ........ (debt and RM ..... costs) together with the costs of the hiwalah proceedings) on which judgment (order) the sum of RM ....... remains due and unpaid. Take notice also that all transactions to dispose or discharge made after the service of this notice are invalid and you are liable to damages and cost to the judgment creditor.

If you dispute your liability under this notice, you shall within seven days from the date of service of this notice, file a notice of objection of liability herein to the Court.

Dated the ............... day of ........................ 20 ............
(Seal)

...........................................
Judge/Registrar
To the abovenamed muhal ‘alaih and judgment debtor

Notice of Objection

Take notice that I, ................ the abovenamed muhal ‘alaih hereby object to the liability imposed upon me by this notice on the following grounds:
.................................................................
Muhal ‘alaih (or Peguam
Syarie for the Muhal ‘alaih )

This notice is filed by the muhal ‘alaih (or Peguam Syarie for the muhal ‘alaih) whose address for service is ..................................

FORM MS 38

SYARIAH COURT CIVIL PROCEDURE (STATE OF SELANGOR)
ENACTMENT 2003

(Subsection 161(2)(a))

HIWALAH NOTICE (PROPERTY IN COURT)

(General Title)

Order for execution dated the ....... day of ................. 20 ........

To :

The Judge/Registrar
the Syariah. ..................................... Court.
Whereas it is stated by the judgment creditor that a sum of RM ............. stands in the Syariah ............... Court at .............................. to the credit of the judgment debtor, in proceedings ........................................

I forward herewith a copy of the order for execution above referred to and request that you will remit to this Court any money, which otherwise would be or become payable to the said judgment debtor out of the said Court by virtue of the said proceedings, up to, but not exceeding, such amount as is referred to in the said order of execution as being due to the judgment creditor.

Dated the ......... day of .......... 20 ............
.......................................
Judge/Registrar
FORM MS 39

SYARIAH COURT CIVIL PROCEDURE (STATE OF SELANGOR)
ENACTMENT 2003

(Subsection 161(2)(d))

HIWALAH SUMMONS

(General Title)

Order for execution dated the ............ day of .......................... 20 ...........
Hiwalah Notice dated the ........ day of ........................ 20 ..........

To ................... of ................. muhal ‘alaih.

You are hereby summoned to appear before the abovenamed Court on....... the ...... day of .......... 20 ......... at .......... a.m./p.m. to be examined as to any property of the judgment debtor (name) .................... which may be, or may, since the service of the hiwalah notice on you, have been in your possession, custody or control and as to any debts due or accruing due from you to the said judgment debtor, and to bring with you all books and other documents relating thereto in your possession, custody or control. Take Notice that, in default of such appearance, an order may be made against you in your absence.

Dated the .......... day of. ....................... 20 ..........
(Seal)
......................................
Judge/Registrar
FORM MS 40

SYARIAH COURT CIVIL PROCEDURE (STATE OF SELANGOR)
ENACTMENT 2003

(Subsection 169(1))

RETURN TO ORDER FOR EXECUTION

(General Title)

Order for execution dated the ......... day of ........... 20 ..........

Method of execution (1)

Levy paid by execution debtor ........... RM .................

Particulars of property seized (2)

Property sold on the ............ day of .......... 20 ............ by .......... for RM ........

Expenses of execution : (3)

Paid into Court:

to credit of judgment creditor ..........................................................................

RM............................................... (4) ..............................................................

do .....................................................................................................................
do .....................................................................................................................
do .....................................................................................................................

Dated the ......... day of ...................... 20 .............
..............................................
Bailiff

Notes :



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