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2020 MarsdenLR 2103

HIGH COURT MALAYA SHAH ALAM
UZMA ENGINEERING SDN BHD – Appellant
Versus
KHAN CO LTD & OTHER CASES – Respondent


Petitioner Advocates:Wong Hin Loong,Kenny Chan Yew Hoong ,Respondent Advocate: Dato' Firoz Hussein Ahmad Jamaluddin,Choo Shi Jin

JUDGMENT

(3 Originating Summonses)

Wong Kian Kheong J:

A. Introduction

[1] By consent of the parties, the following three originating summonses (OS) are heard together:

(1) OS No: BA-24C-118-11/2019 (Stay OS) has been filed by Uzma Engineering Sdn Bhd (Uzma) against Khan Ltd (Khan) for a court order to set aside of an adjudication decision made on 18 November 2019 (AD) by an adjudicator, Ms Wong Heu Fun (Adjudicator), pending the disposal of a suit filed by Uzma against, among others, Khan in the Kuala Lumpur High court Civil Suit No: WA-22C-93-10/2019 (Suit);

(2) Uzma has also filed OS No: BA-24C-119-11/2019 to set aside the AD (Setting Aside OS); and

(3) OS No: BA-24C-125-12/2019 has been filed by Khan for leave of court to enforce the AD against Uzma (Enforcement OS).

B. Background

[2] On 15 May 2014 Petronas Carigali Sdn Bhd (Petronas) appointed THHE Fabricators Sdn Bhd (THHE) as a main contractor for a gas development project (Project).

[3] Khan is a South Korean company which collaborated with Uzma to bid for sub-contractor's work regarding the Project from THHE.

[4] By a letter of award dated 25 May 2016, THHE appointed Uzma as a sub-contractor regarding the Project.

[5] Khan caused the


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