13 May 2020
1. ) EMRAIL SDN BHD 2. ) ZAKI BIN AZMI 3. ) HARI NARAYANAN A/L GOVINDASAMY 4. ) AMRISH A/L HARI NARAYANAN KUWAIT FINANCE HOUSE (MALAYSIA) BERHAD
- Citation
- WA-22M-1073-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22M-1073-12/2019 (Mahkamah Tinggi)
No serious question to be tried: the Kafalah BGs expressly required the bank's acceptance of the form of the performance bond and contained an entire agreement clause so no implied obligation existed to issue a bond in MRCBGK's exact format; repayment obligations under the facilities were not limited to receipt of contract proceeds and the bank was not precluded from calling an Event of Default or demanding repayment; the undated bond raised legitimate gharar concerns; accordingly interlocutory relief restraining CCRIS reporting or demand was refused.