JUDGMENT

Mohd Arief Emran Arifin JC:

Preliminary Notation

[1] The grounds delivered in this case will also be applicable for the second suit bearing number WA-22NCvC-284-06/2020 ("Suit 284"). The parties to the second suit are Pureman Venture Sdn Bhd., the same Plaintiff in this suit and Associated Pan Malaysia Cement Sdn Bhd The facts and the Contract in that suit are similar to those appearing in this case and involve similar applications for determination. Therefore, these grounds apply to that suit with necessary modifications as they concern similar facts and similar issues of law.

Applications Before This Court - Striking Out And Summary Judgment

[2] Parties had filed the following application that was heard together as they were related to one another. The applications that were filed are as follows:-

(i) An application for summary judgment by the Plaintiff against the Defendant.

(ii) An application to strike out the writ and the statement of claim by the Defendant.

[3] Having read the Notice of Applications, the affidavits and submissions filed and hearing parties on 6 May 2021, I decided to allow the application to strike out the statement of claim against the defendant and dismis