JUDGMENT

Atan Mustaffa Yussof Ahmad JC:

[1] This judgment concerns the application of the Defendant, Ambank Islamic Berhad, in encl 18 pursuant to O 18 r 19(1) Rules of 2012 (" ROC 2012") against the Plaintiff, Prolink Marketing Sdn Bhd, to strike out a writ action filed by the Plaintiff against the Defendant in this suit. The writ action arose from Islamic financing facilities that were also the subject matter of a previous suit between the Plaintiff and the Defendant, where summary judgment was given in favour of the Defendant who was the plaintiff in the previous suit.

Background Facts

[2] The Plaintiff is a customer of the Defendant, an Islamic Bank, which granted the Plaintiff Islamic banking financing facilities for the total sum of RM53,700,00.00 ("the Financing Facilities") subject to the terms and conditions under the Letters of Offers and Facility Agreements that had been executed and agreed by the Plaintiff. The Financing Facilities comprised Multi-Trade Facility-i (1): Islamic Bankers Acceptance - (1) ("MTF- i (1) Facility"), Multi- Trade Facility-i (2): Islamic Bankers Acceptance - (2) ("MTF- i (2) Facility"), Term Financing-i ("TF-i Facility") and Complementary Term Fin