A. Introduction

[1] This judgment concerns the following two applications (2 Applications):

(1) in court enclosure no 21 (encl 21), the plaintiff company (Plaintiff) has applied for summary judgment against the first defendant (1st Defendant) for, among others, a sum of RM3,254,012.75 (Claim Sum), pursuant to a "Letter of Guarantee and Indemnity" dated 4 March 2002 [Guarantee/Indemnity (1st and 2nd Defendants)] which had been signed by the 1st Defendant and second defendant (2nd Defendant); and

(2) the 1st Defendant has filed an application in court enclosure no 35 (encl 35) for, among others, an order to stay this suit filed by the Plaintiff against three defendants (This Suit) pending the disposal of Shah Alam High court's Originating Summons (OS) No BA-24NCvC-975-06/2022 which has been instituted by the 1st Defendant against the Plaintiff (Suit 975).

B. Background

[2] The 1st and 2nd Defendants were directors of Generasi Nirwana Sdn Bhd