Wan Muhammad Amin Wan Yahya J:

JUDGMENT

[1] This was an appeal by the Appellant against the decision of the Sessions Court on 27.2.2024 that allowed the Respondent’s application to strike out the Appellant’s Counterclaim under Order 18 Rule 19(1)(b), (c) and (d) of the Rules of Court 2012 (“ROC”) (“this Striking Out Application”)(“this Appeal”).

[2] Having heard submissions from both parties I dismissed this Appeal with costs. These are my grounds.

A] SALIENT BACKGROUND FACTS

[3] The Respondent filed an action against the Appellant to recover a loan amount of RM453,738.50 (“the Loan Amount”) pursuant to a Friendly Loan Agreement dated 22.7.2019 (“Friendly Loan Agreement”).

[4] The Loan Amount was disbursed to the Appellant through several transactions:

i)RM144,164.50 via RENTAS to the Appellant’s Alliance Bank account on 10.4.2019;

ii)RM35,000.00 via cash deposit to the same account on 11.4.2019;

iii)RM274,574.00 via cheque dated 22.7.2019.

[5] Under the Friendly Loan Agreement, the Appellant was required to repay the Loan Amount within two months from the date of the Friendly Loan Agreement without interest.

[6] The Appellant failed to make any repayment despite demands from the Respondent.

[