JUDGMENT

Muniandy Kannyappan J:

Background Facts

[1] Case is about Ho Chee Liang, the first defendant (D1) who had breached two scholarship cum study leave agreements. With the scholarship, D1 had pursued his post graduate studies at the United States of America (USA), fully funded by plaintiff, Universiti Putra Malaysia (UPM). Plaintiff, a tertiary institution has then sued D1 and his guarantors, second to forth defendants (D2 to D4) for breach of the scholarship agreements, vide writ of summons at the Sessions Court, Shah Alam.

[2] An application to strike out the writ and statement of claim (SOC) by plaintiff was made by all defendants. The sessions Court judge (SCJ) who heard the application had allowed the writ dated 10 November 2020 and SOC to be struck out with an order of costs of RM3000. It was allowed pursuant to summary procedure under O 18 r 19 of the Rules of 2012 (ROC).

[3] This judgment would trace facts of case, bearing in mind mantle of the dispute, if UPM had overstepped the time frame allowed by law to recover monies expended on D1 resulting from breach of the two scholarship agreements.

[4] D1 was an ex-tutor of UPM. He was awarded two scholarships, one to pursue his