HIGH COURT MALAYA SHAH ALAM
RITMA HEBAT SDN BHD – Appellant
Versus
KESUTRA SDN BHD & ANOTHER CASE – Respondent
(Two Originating Summonses)
A. Introduction
[1] The following two originating summonses (Two OS) are heard together:
(1) Ritma Hebat Sdn Bhd (Ritma) has filed Amended OS No: BA- 24C-64-09-2021 (Ritma's Amended OS) against Kesutra Sdn Bhd (Kesutra) for, among others, the following orders:
(a) an order to set aside an adjudication decision made on 1 August 2021 [Adjudication Decision (Kesutra-Ritma)] by an adjudicator, Mr Harbans Singh (Adjudicator), in favour of Kesutra against Ritma (Setting Aside Application); and
(b) if the Setting Aside Application is dismissed, an order to stay the enforcement of the Adjudication Decision (Kesutra- Ritma) (Stay Application) pending the disposal of Shah Alam High Court Civil Suit No: 22C-34-09-2021 filed by Ritma against Kesutra [Ritma's Suit (Kesutra)]; and
(2) OS No: BA-24C-86-12-2021 (Enforcement OS) has been filed by Kesutra against Ritma for, among others, leave of Court to enforce the Adjudication Decision (Kesutra-Ritma).
B. Background
[2] Majlis Bandaraya Shah Alam (MBSA) had appointed Jujur Juta Sdn Bhd (JJ) as a main contractor for the construction of a building to be used as a wet market (Project).
[3] By way of a "L
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