JUDGMENT

Sumathi Murugiah JC:

A. Introduction

[1] This is an application made by the Plaintiff against the Defendants jointly and severally via Enclosure No 5 of this suit for a Summary Judgment pursuant to O 14 r 1 of the Rules of 2012. This application is made to recover the Adjudicated Amount obtained through Adjudication Proceedings from the Defendants in reliance to the Letters of Undertaking dated 1 October 2021.

B. Brief Background

[2] On or around April 2021, Plaintiff was approached by D1, the project owner of the Project with the view of introducing Plaintiff as a sub-contractor to Titan Energy Sdn Bhd (Titan) being the main contractor to continue and complete the works for the Project. Titan issued the Works Order on 4 May 2021, thus forming a contract between the Plaintiff and Titan for a contractual sum of RM6,010,861.00. Further to that, additional works for a total sum of RM 1,366,784.26 was ordered by Titan making the contract sum to a revised sum of RM7,347,645.26.

[3] By the Letters of Undertaking, both dated 1 October 2021 (Letters of Undertaking) the Defendants each undertook to pay on behalf of Titan for any amounts owing to the Plaintiff for the Works completed for