JUDGMENT

Low Hop Bing J:

In this suit, the plaintiff's claim against the defendant is for a sum of RM13,127,331.79 together with interest thereon at the rate of 8% per annum from 1 September 1990 till the date of judgment and thereafter until the date of realisation. The claim is contested by the defendant who has also filed a counterclaim for the same amount.

The plaintiff's claim puportedly arose from the 20% discount given to the defendant in respect of the supply and consumption of electricity at its Steel Mill Plant in Kemaman, Terengganu Darul Iman for the period from February 1988 till 31 December 1989.

The plaintiff and the defendant had executed Contract No. 383/85 ("the Contract") for the supply and consumption of electricity, pursuant to which the defendant was required to pay electricity bills within thirty days of receiving the bills together with discount notes, from the defendant, otherwise the plaintiffs will disconnect the electricity supply to the defendant's premises.

By letter dated 11 March 1987, the Ministry of Trade and Industries Malaysia ("MTI") confirmed with the defendant that 20% Government Discount on all electricity bills given to the defendant by the