JUDGMENT

[Enclosure 29]

Shamsulbahri Ibrahim JC:

Introduction

[1] This is the Plaintiff's application to strike out the Defendants' counter-claim under O 18 r 19(1)(b), (c) and (d) of the Rules of 2012 (" ROC ").

[2] As a brief background, the Plaintiff had granted the following Term Loans ("Term Loans") to the 1st Defendant:

(a) Term Loan 1 of RM18,921,000.00;

(b) Term Loan 2 of RM10,448,000.00; and

(c) Term Loan 3 of RM12,060,000.00.

[3] The Term Loans were granted pursuant to:

(a) the letter of offer dated 21 November 2016 ("Letter of Offer") (at pp 19 to 36 of encl 6);

(b) the supplemental letters of offer dated 1 December 2016, 12 December 2019 and 1 April 2019 (at pp 37 and 38, pp 39 to 62, pp 63 and 64 of encl 6) (collectively referred to as the "Supplemental Letters of Offer");

(c) the letters dated 9 August 2019, 18 September 2019 and 20 September 2019 (collectively referred to as the "Letters") (at p 65 to 68 of encl 6); and

(d) the Facilities Agreement dated 19 December 2016 ("Facilities Agreement") between the Plaintiff and the 1st Defendant (at pp 70 to 133 of encl 6).

[4] The Letter of Offer, the Supplemental Letters of Offer, the Letters and the Facilities Agreement shall herein