[1] The plaintiff, Bauer (M) Sdn Bhds claim against the 1st defendant, Embassy Court Sdn Bhd, is for an order for specific performance requiring the 1st defendant to produce the corporate guarantee issued by the 2nd defendant, Magna Prima Berhad, based on the terms of the draft corporate guarantee prepared by the plaintiff or such terms as may be deemed appropriate by the Court. The plaintiffs claim against the 2nd defendant is for an order that the 2nd defendant indemnify or pay to the plaintiff such monies as may be determined by the arbitrator to be payable by the 1st defendant to the plaintiff.

[2] The hearing of the suit has been completed where the plaintiff had relied on the evidence of its sole witness, Thomas Samuel a/l CT Samuel. Whilst the 1st defendant did not call any witnesses, the 2nd defendant had called a witness, namely Christopher Gerard Danker. The hearing was completed on 29 December 2011 and the case is now pending the decision of the Court.

The Applicat