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2025 MarsdenLR 5156

HIGH COURT MALAYA KUALA LUMPUR
ZENITH DEVELOPMENTS SDN BHD – Appellant
Versus
MENTA CONSTRUCTION SDN BHD – Respondent


Petitioner Advocates:Roshan Selvaratnam,Vishal V Kumar ,Respondent Advocate: Clarence Tang

JUDGMENT

Azlan Sulaiman J:

Introduction

[1] These two Originating Summons are connected by an Adjudication Decision dated 23 January 2025 in Adjudication Reference No: AIAC/D/ADJ-5579-2024 ("Adjudication Decision") that Menta Construction Sdn Bhd ("Menta") obtained against Zenith Developments Sdn Bhd ("Zenith") under the Construction Industry Payment and Adjudication Act, 2012 ("Act").

[2] By Originating Summons No: WA-24C-57-03/2025 ("OS 57"), Zenith is applying:

(i) under ss 15(b) and 15(d) of the Act to set the Adjudication Decision aside; and

(ii) under s 16(1)(a) of the Act to stay the enforcement of the Adjudication Decision pending the disposal of OS 57.

[3] By Originating Summons No: WA-24C-83-04/2025 ("OS 83"), Menta is invoking s 28 of the Act to enforce the Adjudication Decision against Zenith.

[4] At the Case Management on 30 April 2025, I gave directions for both OS 57 and OS 83 to be heard together, and issued directions for both, including a date for decision on them.

[5] As OS 57 and OS 83 are being heard together, then it will be just a matter of deciding whether to set the Adjudication Decision aside or whether to allow it to be enforced. Since Zenith is applying for a sta


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