Judicial commissioner Choong Yeow Choy allowed the application by stallholders at Taman Wawasan 2020 after MBPJ’s counsel, Ho Xin Ying, did not object to the request.
The interim injunction will remain in force until the final disposal of the pre-action discovery application.
Choong also fixed the suit for case management on May 8 when further directions will be given to the parties.
Lawyer Rueben Mathiavaranam, who appeared for the stallholders, told FMT that at the very least, his clients are seeking fair compensation if they are to be evicted.
“They have conducted business there for over 30 years, have acquired a regular client base and have been doing well. They cannot simply be pushed just anywhere.
“If compensation is to be given, then it has to be fair so that they can restart their business,” he said.
On Wednesday, the stallholders filed an originating summons seeking pre-action discovery from MBPJ of documents which they say are necessary to support a proposed application for judicial review of the council’s decision to demolish the premises.
They want the High Court to compel MBPJ to produce all communications between them and the council as well as copies of all licences, invoices, receipts, minutes of meetings and other records in their possession dating from the time the premises were constructed in 1993 to the present.
The suit was filed after MBPJ issued a notice dated April 10, requiring them to vacate the premises by April 29 ahead of demolition works.
In her affidavit in support, stallholder Noor Sita Osman claimed that each of them had paid RM8,600 towards the construction of the stalls. Additional money was spent to renovate them, she said.
The stallholders say they have a legal or contractual right to the stalls and are entitled to compensation if evicted.
It is understood that MBPJ intends to demolish the premises for road widening and drainage works.
Meanwhile, the stallholders said they intend to commence judicial review proceedings to challenge MBPJ’s decision to demolish the premises.
The present proceedings have been commenced in a bid to secure pre-action discovery as the stallholders have not kept proper records of their communications with MBPJ.