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2019 MarsdenLR 938

HIGH COURT MALAYA KUALA LUMPUR
JEKS ENGINEERING SDN BHD – Appellant
Versus
PALI PTP SDN BHD – Respondent


Petitioner Advocates:Sanjay Mohanasundram,Wong Li-Wei ,Respondent Advocate: Sivabalan Sankaran,Tharmini Paramasivan,Leong Wai Keng

Table of Content
1. plaintiff sought injunction against defendant regarding performance bond. (Para 1 , 3 , 6 , 7 , 8 , 12)
2. background details of the dispute and relevant contracts. (Para 9 , 10 , 11)
3. plaintiff argued against the defendant's claims and highlighted payment delays. (Para 21)

[1] By an Ex-Parte Notice of Application (Enclosure 2), the Plaintiff, on 19 April 2019, obtained an injunction to restrain the Defendant from receiving the full sum or any part of the Performance Bond No T80717IBG1031704 in the sum of RM6,815,000.00 issued by AmBank (M) Berhad ('AmBank') on behalf of the Plaintiff in favour of the Defendant dated 9 June 2017 ('said Bond') pending the disposal of the Originating Summons ('OS'; Enclosure 1). An ad interim Order was made at the case management on 2 May 2019 to extend the injunction.

[2] Subsequently, by a Notice of Application dated 7 May 2019 (Enclosure 18), the Plaintiff applied for leave pursuant to O 20, rr 5 and 7 of the Rules of 2012 ('RoC 2012') and/ or the inherent powers of the Court to amend encls 1 and 2 by substituting for the words " Section 11 (1)(h) of the Arbitration Act 2005 ", the words " Sections 11 (1)(a) and 19J of the " in t

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