Fawziah Holdings Sdn Bhd wants the directors of Cheras toll concessionaire Metramac Corporation Sdn Bhd to be cited for contempt over their alleged failure to comply with a court order preventing them from disposing the company's assets pending the completion of the case.

The company - which recently won a RM65 million award at the Court of Appeal for loss of advertising rights along the Cheras toll roads - filed the ex-parte application for leave to cite the directors for contempt at the Court of Appeal registry in Putrajaya this morning.

In the motion, it was claimed that Metramac had breached a ' mareva injunction' order dated Oct 25, 2005 issued by Court of Appeal judges Gopal Sri Ram ( left ), Hashim Yusof and Zulkefli Ahmad Makinuddin restraining the company from disposing its assets.

It alleged that Metramac directors Tee Kim Siew, Md Rijaluddin Mohd Salleh and Azmil Khalili Khalid should to be cited for contempt when on Dec 13, 2005, they allowed a dividend payment of RM106 million to the company's shareholders.

It also claimed that the company had parted with RM63.3 million for a cash advance to MTDI - a holding company of Metramac.

Cash depleted

As a results of these payments, it is claimed that Metramac's cash balance had depleted and the directors had breached the injunction.

The court will hear the leave application tomorrow. This is the second time the question of contempt had arose in this headlines-making case.

On Jan 26, Justice Gopal threw the book at Metramac's lawyer Mohamad Shafee Abdullah who wrote a letter of complaint against the former on allegations of judicial misconduct and bias during the hearing of the appeal between Fawziah Holdings and Metramac.

Shafee also complained about the judge's remarks regarding Metramac co-owner Abdul Halim Saad and former finance minister Daim Zainuddin.

The court had set tomorrow to hear the contempt inquiry against the lawyer. However the matter will only be addressed after the court disposes Metramac's application for a stay of the court order directing it to pay RM65 million to Fawziah Holdings.

The case attracted public attention when Gopal in his judgment accused Halim and his former business partner Anuar Othman of siphoning RM32.5 million from Metramac under the patronage of Daim.

Halim and Daim have since issued statements denying the allegations.