HIGH COURT (KUALA LUMPUR)
LIZA CHAN SOW KENG, J
Dagangan Petroleum Setia – Appellant
Versus
Y C H Sdn Bhd & Ors – Respondent
GROUNDS OF JUDGMENT
Introduction
[1]Enclosure (“Enc.”) 15 is the Plaintiff’s application for summary judgment pursuant to Order 14 of the Rules of Court 2012nd and 3rd Defendants.
Background
[2]The Plaintiff is in the business of selling fuel, oil and other related products.
[3]By a credit application dated 22.08.2018, the 2nd and 3rd Defendants, as Directors of the 1st Defendant, applied to the Plaintiff, and the Plaintiff agreed to sell, supply and deliver goods to the 1st Defendant on credit basis.
[4]It was a term of supply that the Plaintiff is entitled to impose interest at the rate of 1.5% per month on all outstanding sums due and owing in respect of the supply. This rate of interest was set out in Clause 11 (b) of the credit application form signed by both the 2nd and 3rd Defendant.
[5]In consideration of the Plaintiff agreeing to provide and/or continue the said supply of goods on credit to the 1st Defendant, the 2nd and 3rd Defendants executed a letter of guarantee and indemnity dated 22.08.2018 in favour of the Plaintiff wherein the 2nd and 3rd Defendants jointly and/or severally guaranteed the repayment of all debts owed by the 1st Defendant to the Plainti
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