Section 39
Nature of relief
of Central Bank of Malaysia Act 2009
In any civil proceedings before any court in relation to any order issued by the Bank under subsection 31(1) or subparagraph 32(1)(c)(iii) or any other action, arrangement, scheme or measures of the Bank in connection with financial stability related or consequent to any such order or in relation to any other matter under this Chapter, the court shall, subject to subsection (2) and the provisions of this Act, have power to make all such orders as it has power to make in proceedings between parties, and otherwise to give such appropriate relief as the case may require.
(2)
In any civil proceedings against the Bank, in relation to any order issued by the Bank under subsection 31(1) or subparagraph 32(1)(c)(iii) or any other action, arrangement, scheme or measures of the Bank in connection with financial stability related or consequent to any such order or in relation to any other matter under this Chapter—
(a)
if any relief is sought as might in proceedings between parties be granted by way of injunction or specific
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performance, the court shall not grant an injunction or make an order for specific performance; and
(b)
for the recovery of land or other property, the court shall not make an order for the recovery of the land or the delivery of the property.
(3)
The court shall not in any civil proceedings in relation to any order issued by the Bank under subsection 31(1) or subparagraph 32(1)(c)(iii) or any other action, arrangement, scheme or measures of the Bank in connection with financial stability related or consequent to any such order or in relation to any other matter under this Chapter grant any injunction or make any order against an officer of the Bank if the effect of granting the injunction or making the order would be to give any relief against the Bank which could not have been obtained in proceedings against the Bank.
(4)
Any order issued under subsection 31(1) or subparagraph 32(1)(c)(iii) shall have effect in accordance with the provisions of this
Part and, notwithstanding any legal proceedings instituted pursuant to subsection (2), shall be binding on any person to whom the order is issued.