JUDGMENT

Anand Ponnudurai JC:

(Order 14)

Introduction

[1] This is an action commenced by the Plaintiff against the three Defendants premised on letters of indemnities executed on the 8th September, 2015 whereby the Defendants had agreed to indemnify the Plaintiff against all claims and actions against the Plaintiff arising out of a performance guarantee given by the Plaintiff to Perbadanan Kemajuan Negeri Selangor ("the principal") in the amount of RM4,124,349.05.

[2] Upon the Defendants entering appearance and prior to the filing of the Statement of Defence, the Plaintiff filed an application for Summary Judgment supported by an affidavit. The Defendants thereafter filed their Statement of Defence and Counterclaim and several affidavits were exchanged in respect of the Summary Judgment application (Encl 10).

[3] Parties had filed their respective Written Submissions and learned counsel had submitted orally further before me on the 10th July, 2020 whereupon, I had reserved my decision to the 20th July, 2020.

[4] This is now my decision on encl 10. I will at the outset set out the facts of the matter, the issues raised by the Defendants and thereafter apply the law to the facts and render