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2024 MarsdenLR 1053

HIGH COURT MALAYA KUALA LUMPUR
MAYBANK ISLAMIC BERHAD – Appellant
Versus
MATTAN ENGINEERING SDN BHD & ORS – Respondent


Petitioner Advocates:Yeap Cheng Hoe ,Respondent Advocate: Daphne Ngo Jun Yan,Lee Jing Min

JUDGMENT

Yusrin Faidz Yusoff JC:

Introduction

[1] This judgment addresses two interlocutory applications arising from the ongoing dispute between the parties. First, it examines the defendants' application to strike out the plaintiffs claim under O 18 r 19(b) and/or (d) of the Rules of 2012 ("the Rules"). Second, it considers the plaintiff's application for summary judgment against the defendants under O 14 r 1 of the Rules. Both applications necessitate a careful evaluation of the evidence and arguments presented to determine whether the plaintiff's claim is unassailable or whether there exist triable issues warranting a full hearing.

Background Facts

[2] The plaintiff had granted the first defendant ("Dl") with 4 banking facilities based on the following:

(a) a Letter of Offer dated 4 October 2018 and a Supplementary Offer Letter dated 26 October 2018, regarding the Cash Line-i 1 Facility with account number 562973-015322 amounting to RM3,000,000.00 for working capital requirements ("CL-i 1");

(b) a Letter of Offer dated 8 May 2020 regarding the Cash Line-i 2 Facility with account number 562973-018154 amounting to RM1,500,000.00 for working capital requirements ("CL-i 2");

(c) a Letter


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