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2018 MarsdenLR 1286

HIGH COURT MALAYA KUALA LUMPUR
HH IDEAL SDN BHD – Appellant
Versus
TECHNOLOGY ENGINEERING CONCEPT SDN BHD (ENCL 7) – Respondent


Petitioner Advocates:KW Lai ,Respondent Advocate: Azlan Zulkifli

Table of Content
1. introduction and background of the application (Para 1 , 2 , 3 , 4 , 5 , 6)
2. arguments regarding procedural compliance (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14)
3. court's analysis and consideration of procedural rules (Para 15 , 16)

[1] The present application before me by way of encl 7 deals with the Respondent/Defendant's application to strike out the Appellant's Notice of Appeal dated 20 November 2017.

[2] On 20 November 2017, the Appellant had filed an appeal, against the decision after full trial made by Session Court Judge, Puan Nurul Husna Binti Awang on 17 November 2017 whereby the trial Judge had dismissed the Appellant/Plaintiff's claim for the sum of RM205,000.00 against the Respondent/Defendant with scale cost for the sum of RM1,925.00 to be paid by the Appellant/Plaintiff to the Respondent/Defendant.

Background Of The Application

[3] The Appellant on 6 December 2017, filed the Record of Appeal together with the Memorandum of Appeal and personally served both documents to the Respondent on 8 December 2017.

[4] The Respondent sent a letter to the Appellant on 13 December 2017 stating that the Appellant has failed and/or neglected to give a draft index of t

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