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HIGH COURT (SHAH ALAM)
CHOONG YEOW CHOY, JC
Muslim Best Marketing (M) Sdn Bhd – Appellant
Versus
Majlis Amanah Rakyat – Respondent


Advocates:
Kokila Vaani Vadiveloo (with Nur Syazwina bt Md Azaham) (Kumar Chambers) for the plaintiff.
Mohd Munzeer bin Zainul Abidin (with Muhammad Ali Redha bin Ahmad Rashidi) (Yusfarizal, Aziz & Zaidi) for the defendants.

Choong Yeow Choy JC:

JUDGMENT

Introduction

[1]The provision in Order 18 rule 19(1) of the Rules of Court 2012

[2]In view of the fact that the striking out of any writ or pleading may have the drastic effect of bringing an action to an early end, with the action dismissed or judgment entered accordingly, as the case may be, it has been repeatedly said that the discretion should only be exercised in plain and obvious cases.

[3]The present case requires this Court to exercise such discretion, in considering an application by the Defendant in Enclosure 7 to have the Plaintiff’s writ and statement of claim struck out pursuant to Order 18 rule 19(1)(a), (c) and/or (d) of the Rules of Court 2012

Background Facts

[4]To appreciate the genesis of the present Suit, the erstwhile relationship between the parties must be clarified.

[5]The Plaintiff in this action was appointed by the Defendant as an “Anchor” under an “Anchor-Vendor Program for a Halal Food Project” through an Appointment Letter dated 21 November, 2012. Following the said appointment, the parties signed a Lease Agreement and a Letter of Guarantee and Indemnity, both dated 10 September, 2015. The latter was also signed by the Plaintiff’s

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