HIGH COURT MALAYA SHAH ALAM
AL RAJHI BANKING & INVESTMENT CORPORATION (MALAYSIA) BHD – Appellant
Versus
BAN HIN ELECTRICAL SDN BHD & ORS (ENCLS .... – Respondent
| Table of Content |
|---|
| 1. application for summary judgment and stay. (Para 1 , 2 , 3) |
| 2. court’s findings on triable issues and stay application. (Para 4 , 5 , 6) |
[1] Enclosure 10 is the Plaintiff application for summary judgment against the 2nd and 3rd Defendant under O 14 r 1 Rules of 2012.
[2] Enclosure 12 is the Defendants application to stay this action pending disposal of the 1st Defendant's application for a Judicial Management Order in Kuala Lumpur High Court, Originating Summon No: WA-28 JM-8-10 / 2018. Parties agreed that both the enclosure to be heard together as it is inter-related.
Chronology Of Events
[3] The chronology of events are as follows:
2nd & 3nd Defendant Contention In Enclosure 10
a) Enclosure 10 should be stayed pursuant to s 410 of the Companies Act 2016 .
b) The Defendants did not receive the Plaintiff's notices dated 6 July 2018 and 1 August 2018.
2nd & 3nd Defendant Contention In Enclosure 12
a) Pursuant to the JMO application, the 1st Defendant is protected by moratorium under s 410 of the Companies Act 2016 .
b) If the JMO application is allowed, the present application will be rendered academic.
Plaintiff Arguement In Enclosure 10
a) No triable issue. No leave is
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