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2024 MarsdenLR 2235

SESSION COURT SHAH ALAM
NGU KOH KIET – Appellant
Versus
KOPERASI PEMBANGUNAN PENDIDIKAN BHD & ANOR (ENCL 13) – Respondent


Petitioner Advocates:Nishanthinee Palanimalai ,Respondent Advocate: Kalyansundaram Rajagopal

JUDGMENT

Yong Leou Shin J:

(Enclosure 13 Application For Striking Out)

A. Introduction

[1] On 22 November 2023, the Defendant vide encl 13 applied for striking out Plaintiff's Statement of Claim dated 12 September 2023 pursuant to O 18 r 19 (1)(a), (b), (c) and (d) of the Rules of 2012 (ROC 2012).

[2] On 5 March 2024, i allowed the Defendant's application with cost of RM3000. Hence, this appeal.

[3] The relevant cause papers in this Application are as follows:

a. The amended Writ dated 3 November 2023;

b. The amended Statement of Claim dated 3 November 2023;

c. Statement of Defence dated 22 November 2023;

d. Notice of Application Defendant dated 22 November 2023;

e. Affidavit in Support of Defendant dated 22 November 2023;

f. Plaintiff's Statement of Reply to the Defence dated 14 December 2023;

g. Plaintiff's Affidavit in Reply dated 20 December 2023; and

h. Defendant's further Affidavit dated 10 January 2024.

B. Salient Facts Of The Case

[4] This is a case concerning disputes in cooperative society.

[5] The Plaintiff is a member of the First Defendant's co-operative society.

[6] First Defendant is a cooperation established under the Co-operative Societies Act 1993 .

[7] Plaintiff entered into a K


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