Atan Mustaffa Yussof Ahmad JC:

[1] This judgment concerns the Proposed Intervener's application (encl 12) pursuant to O 15 r 6(2)(b) of the Rules of 2012 ("ROC 2012") to intervene in these proceedings.

[2] At the hearing of this application I dismissed the application. This judgment contains the full grounds for my decision.

Brief Facts

[3] By an agreement ("the Agreement") made between the Plaintiff and Organic Aquaculture Sdn Bhd ("Organic Aquaculture"), the Plaintiff agreed to extend and avail an Al-Bai Bithaman Ajil Financing Facility of RM5,000,000.00 ("the Financing") to Organic Aquaculture. Following Organic Aquaculture's failure to make payment of the arrears sums falling due and payable under the Financing, an action was commenced in Kuala Lumpur High Court Suit No 22M-96-06/2015, with a Judgment dated 21 October 2015 entered against Organic Aquaculture and its guarantors.

[4] In consideration of and as security for the Plaintiff having granted and availed the above Financing to Organic Aquaculture, the Defendant by a Deed of Assignment dated 14 July 2011 ("the Deed of Assignment") agreed to pay on demand the aggregate of all monies due, owing and payable by Organic Aq