JUDGMENT

(Court enclosure nos. 21 and 35)

A. Introduction

[1]This judgment concerns the following two applications (2 Applications):

(1)in court enclosure no. 21 (Enc. 21), the plaintiff company (Plaintiff) has applied for summary judgment against the first defendant (1^st Defendant) for, among others, a sum of RM3,254,012.75 (Claim Sum), pursuant to a “Letter of Guarantee and Indemnity” dated 4.3.2002 [Guarantee/Indemnity (1^st and 2^nd Defendants)] which had been signed by the 1^st Defendant and second defendant (2^nd Defendant); and

(2)the 1^st Defendant has filed an application in court enclosure no. 35 (Enc. 35) for, among others, an order to stay this suit filed by the Plaintiff against three defendants (This Suit) pending the disposal of Shah Alam High Court’s Originating Summons (OS) no. BA-24NCvC-975-06/2022 which has been instituted by the 1^st Defendant against the Plaintiff (Suit 975).

B. Background

[2]The 1^st and 2^nd Defendants were directors of Generasi Nirwana Sdn. Bhd. (GN) while the third defendant (3^rd Defendant) was GN’s “Project Director” [according to paragraph 4 of the Amended Statement of Claim in This Suit (ASOC)].

[3]The Plaintiff had supplied construction materials to GN