Itramas Technology Sdn Bhd 1. ) RAPS Solution Sdn Bhd 2. ) Selvaraj a/l Supramaniam 3. ) Bala Murugan a/l Krishnan 4. ) Subramaniam a/l Arumugam 5. ) Sakthivel a/l Alagappan 6. ) Mogana Sundra Raj Ethiraj

Itramas Technology Sdn Bhd 1. ) RAPS Solution Sdn Bhd 2. ) Selvaraj a/l Supramaniam 3. ) Bala Murugan a/l Krishnan 4. ) Subramaniam a/l Arumugam 5. ) Sakthivel a/l Alagappan 6. ) Mogana Sundra Raj Ethiraj

The court struck out the Plaintiff's claims against the 2nd–6th defendants for failing to plead fraud and conspiracy with requisite particularity and for being obviously unsustainable and an abuse of process; the court granted a stay under s.10 of the Arbitration Act 2005 in respect of the dispute with the 1st defendant because the subcontract contains a valid and enforceable arbitration clause.

Citation
BA-23NCvC-12-03/2022 (Mahkamah Tinggi)
Parties
Plaintiff: ITRAMAS TECHNOLOGY SDN BHD; 1st Defendant: RAPS SOLUTION SDN. BHD.; 2nd Defendant: SELVARAJ A/L SUPRAMANIAM; 3rd Defendant: BALA MURUGAN A/L KRISHNAN; 4th Defendant: SUBRAMANIAM A/L ARUMUGAM; 5th Defendant: SAKTHIVEL A/L ALAGAPPAN; 6th Defendant: MOGANA SUNDRA RAJ A/L ETHIRAJ
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 July 2022
Case Number
BA-23NCvC-12-03/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Suit / Decision on Interlocutory Applications (stay Under S.10 Arbitration Act 2005 and Striking Out Under O.18 R.19); Appeals Filed by Plaintiff
Outcome
Plaintiff's claims against 2nd–6th defendants struck out; stay granted pending arbitration against 1st defendant under s.10 Arbitration Act 2005; costs awarded to defendants.
Legal Topics
Stay Pending Arbitration, Striking Out for Defective Pleadings, Particulars of Fraud and Conspiracy, Lifting Corporate Veil, Costs
Source Language
Malay/English
Arbitration Civil Procedure Company Law Contract Law Tort (fraud/conspiracy) Stay Pending Arbitration Striking Out for Defective Pleadings Particulars of Fraud and Conspiracy +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

ITRAMAS TECHNOLOGY SDN BHD

Plaintiff

RAPS SOLUTION SDN. BHD.

1st Defendant

SELVARAJ A/L SUPRAMANIAM

2nd Defendant

BALA MURUGAN A/L KRISHNAN

3rd Defendant

SUBRAMANIAM A/L ARUMUGAM

4th Defendant

SAKTHIVEL A/L ALAGAPPAN

5th Defendant

MOGANA SUNDRA RAJ A/L ETHIRAJ

6th Defendant

Procedural Posture

Civil Suit / Decision on Interlocutory Applications (stay Under S.10 Arbitration Act 2005 and Striking Out Under O.18 R.19); Appeals Filed by Plaintiff

Legal Issues

  1. 1 Whether the Statement of Claim against the 2nd–6th defendants (directors) pleaded fraud and conspiracy with sufficient particularity and was sustainable
  2. 2 Whether leave to amend defective pleadings should be granted instead of striking out
  3. 3 Whether the court should grant a stay under section 10 of the Arbitration Act 2005 pending arbitration given a valid arbitration clause

Ratio Decidendi

The court struck out the Plaintiff's claims against the 2nd–6th defendants for failing to plead fraud and conspiracy with requisite particularity and for being obviously unsustainable and an abuse of process; the court granted a stay under s.10 of the Arbitration Act 2005 in respect of the dispute with the 1st defendant because the subcontract contains a valid and enforceable arbitration clause.

Court Disposition

Plaintiff's claims against 2nd–6th defendants struck out; stay granted pending arbitration against 1st defendant under s.10 Arbitration Act 2005; costs awarded to defendants.

Orders

  • Strike out Plaintiff's claims against 2nd to 6th Defendants under O.18 r.19
  • Stay of proceedings against 1st Defendant pending arbitration under section 10 Arbitration Act 2005