The background facts are that the Plaintiff issued a writ in the High Court and simultaneously pursued the subject matter of the claim in this writ by way of arbitration. The arbitrator has since published his award favouring the Plaintiff. The Plaintiff seeks by Enc. 37 to discontinue the writ filed by him arising from his success in the arbitration proceeding. The award of the arbitrator is being challenge and the parties hear to and the Plaintiff both await the decision of Justice Ariff as regards the validity of the arbitration award.

Counsel for the Plaintiff has sought to withdraw the writ on terms that the Plaintiff be allowed to file afresh if justice Ariff should set a side the arbitration award on the grounds that the subject matter of the award ought properly to have been determined by the ordinary Courts of Law of this country. I considered the request of counsel for the Plaintiff to be reasonable since there is no reason why the Plaintiff should be without a remedy, if Justice Ariff should set aside the arbitration award for one reason or another. In granting the Plaintiff leave to file afresh, I also was persuaded by the fact that, in any event, the Defendant has a outstanding Counter-claim in the same writ and I have refuse the prayers in Enc. 37 to strike out Counter-claim. Finally, I also ordered the Plaintiff to pay the cost of withdraw! of the writ in the amount of RM5,000 to the Defendant since the Defendant was compelled to contest the writ through no fault on its part.