HIGH COURT MALAYA MUAR
NGC ENERGY SDN BHD – Appellant
Versus
KALSOM MUHAMAD & ANOR – Respondent
Introduction
[1] The dispute between the parties herein involves the practice in the liquefied petroleum gas (LPG) industry.
Background Facts
[2] The Plaintiff is one of the six (6) oil companies supplying LPG gas under the brand name, MIRA gas.
[3] Whereas the Defendants trading under the name Pusat Pembekal Gas Budiman Cergas are the distributor of LPG gas under the brand name MyGaz.
[4] On or around January 2022, the Plaintiff discovered that more than 200,000 units of MIRA gas cylinders were kept at the Defendants' premises at Lot 97, Jalan Muar, Parit Othman, Parit Sulong, 83500 Batu Pahat, Johor ("Lot 97").
[5] After the discovery, based on suspicion that a distributor of MyGaz operated on Lot 97, the Plaintiff wrote to MyGaz Sdn Bhd (MyGaz) via letter dated 9 March 2022. The Plaintiff requested the identity of the distributor operating on Lot 97 to facilitate the inspection and retrieval of their MIRA Gas Cylinders.
[6] MyGaz reverted to the Plaintiff with the identity of the Defendants via email dated 13 April 2022.
[7] Via a phone discussion in May 2022, the Plaintiff proposed conducting cylinder exchange at Lot 97 but the Defendants only wanted to co
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