Suriyadi J (Now JCA):

[1] This is the plaintiff's appeal against the decision of the sessions court judge dismissing its application for summary judgment under O 26A of the Subordinate Courts Rules 1980. The plaintiffs claim against the defendants in the court below is for the amount of RM218,662.80 being goods sold and delivered.

[2] It is the plaintiff's case that the first defendant had since May 2002 ordered goods from the plaintiff and the plaintiff had delivered the goods to the first defendant, the acceptance of which had been acknowledged by the first defendant, who had placed their company chops on the delivery orders. The delivery orders were duly signed by the first defendant's representatives and addressed to the first defendant. The signature and chop on the delivery orders bear the words 'Received Mentioned Goods in Good Condition and Water Free'. Invoices issued by the plaintiff were addressed to the first defendant.

[3] The second, third and fourth defendants were guarantors by virtue of a letter of guarantee dated 20 March 1997. The first defendant made payment to the plaintiff vide two Bank Utama cheques that subsequently could not be cleared because payment