Muniandy Kannyappan J:

JUDGMENT

[1]As background, parties as they were in the original civil suit which has culminated into the present application for Fortuna Injunction are, Euro Façade Tech Manufacturing Sdn Bhd, the plaintiff/applicant to the present application is the defendant and Sri Ribuan Industries Sdn Bhd, the defendant/respondent to this application, is the plaintiff.

[2]Status of the civil suit is the following:

Summary judgment was ordered against the defendant company Euro Façade Tech Manufacturing Sdn Bhd for an amount of RM341,084.65.

There was a counter claim by the defendant against plaintiff company Sri Ribuan Industries Sdn Bhd for an amount of RM11,960.034.70 which was struck out.

The summary judgment obtained is enforceable as there has been no stay of execution or enforcement of the judgment obtained by defendant.

Thus, there is a valid and enforceable judgment against the defendant.

However, appeals were lodged against the order of summary by defendant, to the Court of Appeal (COA). As at date of judgment made as well as order to strike out the counterclaim hearing of this application for Fortuna Injunction, the said appeals were pending hearing and determination b