JUDGMENT

Arik Sanusi Yeop Johari JC:

Introduction

[1] On 8 April 2022, the Plaintiff filed an application in encl 63 to seek for the following orders:

(a) to strike out the Defendant's Defence and/or Counterclaim dated 13 August 2018 pursuant to O 34 r 2(3) of Rules of 2012 (hereinafter referred to as " ROC 2012") and/or inherent jurisdiction of this Court for failing to comply with the Court's pre-trial case management directions to file the witness statements; and

(b) that judgment be entered against the Defendant for the Plaintiff's claims

[2] After considering encl 63 and all the cause papers, and hearing the submissions by both parties, this Court has allowed the Plaintiff's application in encl 63 with costs of RM4,000.00 subject to allocator, for the reasons stated below.

Factual Background

The Main Suit

[3] The Defendant is the owner of a four (4) star hotel in Sungai Petani, Kedah known as "Pure by Ri-Yaz" (hereinafter referred to as "the Hotel") and the Plaintiff is the operator of the Hotel.

[4] Both parties have entered into the Technical Services Agreement (hereinafter referred to as "TSA") and the Hotel Management Agreement (hereinafter referred to as "HMA") on 25 February 201