JUDGMENT

Lim Chong Fong J:

Introduction

[1] This is an appeal against the decision of the Sessions Court refusing to strike out the counter-claim in the suit.

[2] The Appellant/Plaintiff is a private limited company involved in the construction business.

[3] The First Respondent/First Defendant is similarly a private limited company involved in the construction business.

[4] The Second Respondent/Second Defendant is a private limited company involved in the construction consultancy service business.

Background And Preliminary

[5] By a letter of award dated 6 May 2019 ("Contract"), the First Respondent as main contractor appointed the Appellant as its sub-contractor to carry out and complete certain works in respect of the project described as "Cadangan Membina Sebuah Kilang di Atas Lot 158490 (HSD 135860), Jalan Sungai Pinang 4/10, Kawasan Perindustrian Pulau Indah, Mukim Klang, Daerah Klang, Selangor Darul Ehsan ("Project") for Tech Food Ingredients Sdn Bhd ("Employer").

[6] The Second Respondent is the superintending officer of the Project appointed by the Employer.

[7] During the course of the carrying out of the Project works, there were disputes which have arisen between the Appellant a