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2024 MarsdenLR 412

HIGH COURT MALAYA KUALA LUMPUR
KENANGA INVESTORS BERHAD – Appellant
Versus
ZULRAFQ CAPITAL SDN BHD & ANOR – Respondent


Petitioner Advocates:Dato' J Shamesh,Nur Parvin Kausar,R Kumarappan ,Respondent Advocate: Shaikh Saleem,Teoh Jo Vi

JUDGMENT

(Enclosures 52, 61 And 63)

Atan Mustaffa Yussof Ahmad J:

[1] Enclosures 52, 61 and 63 are dismissed with costs. My broad grounds follow.

Enclosure 52

[2] In their Counterclaim, the Plaintiffs in the Counterclaim (respectively, "ZCSB" and "TSZ' alleged that there was a "mutual understanding" between the parties that the 2nd Defendant in the Counterclaim ("Taqiuddin") would undertake to make all payments relating to the:

a) Put Option and Call Agreement dated 28 October 2021 ("First Agreement')

b) Put Option and Call Agreement dated 19 January 2022 ("Second Agreement'); and

c) Supplemental Put Option and Call Agreement dated 3 August 2022 ("Supplemental Agreement').

(collectively referred to as "the Agreements").

[3] ZCSB and TSZ also allege that the 1st Defendant in the Counterclaim ("KB"), "Taquiddin" and the 2nd Defendant in the Counterclaim ("Ismitz") had colluded and conspired to injure ZCSB and TSZ. ZCSB and TSZ sought various declarations and damages against the Defendants in Counterclaim on these grounds.

[4] Taqiuddin filed this application to strike out the Counterclaim essentially on the grounds that the Counterclaim discloses no reasonable cause of action and is obviously u


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