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2020 MarsdenLR 1821

HIGH COURT MALAYA SHAH ALAM
KNM PROCESS SYSTEMS SDN BHD – Appellant
Versus
CYPARK SDN BHD (ENCLS 1 3 28 & 35) – Respondent


Petitioner Advocates:Michael Chow Keat Thye ,Respondent Advocate: Dato' Nitin Nadkarni,Darshendev Singh,Leong Chee Weng

JUDGMENT

(Court Enclosure Nos 1, 3, 28 and 35)

Wong Kian Kheong J:

A. Introduction

[1] By consent of parties, this originating summons in Court enclosure no 1 (OS) and three applications in Court enclosure nos 3, 28 and 35 ("Encl 3", "Encl 28" and "Encl 35") had been disposed of by way of "Skype". This was because one of the two bank guarantees involved in this case (2 BG's) would lapse on 31 March 2020 during the enforcement of the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) Regulations 2020 (PCID). Enclosures 3, 28 and 35 will be collectively referred to in this judgment as "3 Encls".

[2] This OS and 3 Encls. concern the exercise of the Court's discretion to grant interim injunctions to restrain the Defendant's rights under the 2 BG's pursuant to s 11(1)(a) and/or (b) of the Arbitration Act 2005 ( AA ) pending the commencement and disposal of arbitration which had been agreed to by the parties in this case (Arbitration). The novel issue that arises is whether the Court may grant interim injunctions regarding the 2 BG's on a condition that the party who has caused the issuance of the 2 BG's shall ensure that the 2 BG's are renewed and can be enf


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