JUDGMENT

(2 Originating Summonses)

Sumathi Murugiah JC:

A. Introduction

[1] Due to non-payment, Bauer (Malaysia) Sdn Bhd (Bauer) being the unpaid party had commenced an Adjudication Proceeding pursuant to the Construction Industry Payment and Adjudication Act 2012 (the CIPAA 2012) against Pasukhas Sdn Bhd (Pasukhas) being the non-paying party to claim for the sum of RM2,459,735.97 At the Adjudication Proceedings, the Adjudicator, Ir. Ang Kok Keng (the Adjudicator) decided in favour of Bauer.

[2] Arising from the Adjudication Decision dated 8 December 2023 (AD), the followings Originating Summons were filed by both Bauer and Pasukhas at this court:

(i). OS No BA-24C-2-01/2024 (Enforcement OS) was filed by Bauer against Pasukhas to enforce the AD pursuant to s 28 of the CIPAA 2012; and

(ii). OS No BA-24C-98-12/2023 (Setting Aside OS) was filed by Pasukhas to set aside the AD pursuant to s 15 of the CIPAA 2012. Pasukhas had also filed a Notice of Application for Stay of Execution of the AD via encl 8 in the same OS.

[3] Since there are 2 Originating Summons and a Notice of Application filed in relation to this AD, the parties agreed to having both these suits and the application heard toget