[1] This is the plaintiff's application for summary judgment under O 14 of the Rules of 2012 (" ROC 2012") via encl 9. The preliminary requirements for proceeding under O 14 had been satisfied. The statement of claim had been served on the defendant. The defendant had entered an appearance and filed its Defence.

[2] The defendant, on the other hand, had filed an application under O 18 r 19 ROC 2012 to strike out the plaintiff's claim.

[3] The plaintiff's claim in the Statement of Claim is for the balance sum of RM5,421,364.03 for the amount owing by the defendant for the supply of machinery to extract sand and labour, lorries, barges and tugboats for transporting sand spanning the period from 2015 to 2018. The plaintiff had also claimed interest at 5% per annum from 1 March 2018 being the last date for due payment for the services rendered in February 2018 to date of realisation and costs.

[4] The plaintiff had claimed for a lesser amount for the summary judgment application for the sum of RM5,152,628.66 together with interest at 5% per annum from 1 March 2018 to date of realisation on ground t