Thursday, April 28, 2011

Magistrate rules in favour of Bayswater JMB

Magistrate court judge Tengku Sharizan bin Tuan Lah ruled in favour of Bayswater Resort Condominium in an application filed by Lisa Nadia Tan Thuan Li to set aside a warrant of seizure and sale due to a default in maintenance payment amounting to slightly more than RM14,000.

“The court does not want to interfere with the management’s decision,” he declared this morning, claiming that the applicant was indebted to the management.

However another application to release all items belonging to her father, Tan Cheng Lim was approved.

“I will try to apply from the magistrate that no enforcement takes place until the disposal of the appeal,” said lawyer S. Raveentharan who is also the state assemblyman for Batu Uban.

Suraya, from Amareson & Meera, the lawyer representing Bayswater however declined S.Raveentharan’s proposal to meet at the magistrate’s chambers. She requested S.Raveentharan to put in a formal application instead.

Lisa Nadia (right) is a single parent who lives with her father and two children.

She had tried to pay the Bayswater Joint Management Body since last year after receiving the warrant of seizure and sale of the condominium. The management accepted two out of the 17 post-dated cheques. The rest were declined on grounds that a legal case was pending.

“If they had accepted the cheques, about half the payment would have been cleared by now,” explained the elder Tan.

Earlier this year, ten police personnels went to Lisa’s apartment unit to take inventory of her household items. The issue regarding the alarming number of policemen entering her house remains unclear although police authorities have denied it in writing.

S. Raveentharan submitted the proof with photographs of ten policemen in the house taken on the same day but it was nevertheless not taken into consideration for the judgment.

In a final discussion with the law firm representing Bayswater, S.Raveentharan managed to secure an agreement for Lisa to clear her debt in three separate payments.
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