JUDGMENT

Mohd Hishamudin J:

[1] This is an appeal by the appellant to the judge in chambers against the decision of the learned Senior Assistant Registrar, High Court, Shah Alam, who had allowed the plaintiffs/respondent's application for summary judgment against the defendant/appellant pursuant to O 14 of the Rules of the High 1980 ('the RHC').

I Have Allowed The Appeal With Costs

[2] As a brief background, in September 1990, the plaintiff/respondent and the defendant/appellant entered into an agreement known as the 'distributor agreement' ('the agreement'). The contract commenced on 1 January 1991. Under this agreement, it is provided, inter alia, that the plaintiff appointed the defendant as a general distributor for the plaintiff in respect of a product known as KHD DEUTZ Aircooled Engines together with the spare parts ('the goods') for West Malaysia. Pursuant to the terms and conditions of the agreement, the plaintiff from time to time supplied the goods to the defendant. It is stipulated by the agreement that payment by the defendant to the plaintiff for the goods delivered by the plaintiff to the defendant may be made by way of bills of exchange. Accordingly, the defendant had