JUDGMENT

Roz Mawar Rozain JC:

[1] The Appellant appealed against the Session Court's decision on 7 September 2022 in dismissing its application to add JMB BTS 1 (Block A, B, C, D and E) Pangsapuri Kos Rendah, Jalan 30/146, Bandar Tasik Selatan, 67000 Kuala Lumpur (JMB) as a co-defendant in the suit initiated by the Respondent.

[2] The Respondent, who had been supplying electricity to the premises developed by the Appellant, filed a claim for an outstanding amount of RM811,628.63 as at 1 October 2021. The Appellant had filed in the said application to add JMB as co-defendant in the proceedings or in the alternative to issue a third party notice.

[3] Again, before this Court, the Appellant submitted that the application to add JMB as a co-defendant must be allowed on the basis that after the handover of vacant possession of the premises, the Appellant was obliged to handover all administrative and maintenance affairs of ail blocks of the said premises to JMB which had been established since 2008. The Appellant cited s 17 of Building and Common Property (Maintenance and Management) Act 2007 (Act 663).

[4] The Appellant claimed that it had fully surrendered the maintenance duties and resp