IN THE SESSIONS COURT AT PETALING JAYA

IN THE STATE OF SELANGOR DAHRUL EHSAN, MALAYSIA

CIVIL SUIT NO: 52-…………-YEAR 2019

BETWEEN

SEA BERHAD
(Co. No: ……………..) …PLAINTIFF

AND

1. CALENDAR SDN BHD

(Co. No: …………………..)

2. APRIL
(NRIC Num.: …………………)

3. MAY
(NRIC Num.: ………………….) …DEFENDANTS

AMENDED STATEMENT OF CLAIM

1. The Plaintiff is a company incorporated in Malaysia under Companies Act 2016 with
bearing registration no………………and having a registered business at…………..
The Plaintiff is in a business of trading in building materials.

2. The First Defendant is a company incorporated in Malaysia under Companies Act

2016 with bearing registration no………………and having a registered business
at………….. The First Defendant is in the business of construction.

3. The Second Defendant is a Malaysian citizen with NRIC Num…………….and

having his residential address at……………..

4. The Third Defendant is a Malaysian citizen with NRIC Num…………….and having

his residential address at……………..

5. Both Second and Third Defendants are the Directors of the First Defendant.

6. On 05.01.2018, First Defendant have applied for a credit facility in order to purchase
construction materials with the Plaintiff.

7. On 19.01.2018, Plaintiff has agreed to grant the credit facility subject to among
others, that the Second and Third Defendant executed letters of guarantee.

8. On 23.01.2018, the Second and Third Defendant duly executed the letters of
guarantee making them the guarantor to the said credit facility.

9. Plaintiff claimed that it has sold and delivered steel bars in accordance to the First
Defendant’s purchase orders dated 01.02.2018. Plaintiff also claimed that it has issued
and sent an invoice dated 05.02.2018 for the price of the goods sold and delivered.
10. Plaintiff further claimed that the First Defendant has failed to deliver the payment of
the steel bars ordered within 60 days of the said invoice.

11. Plaintiff issued to the Defendants two (2) letters dated 15.03/2019 and 18.04.2019
respectively, demanding the payments to be made to Plaintiff within 30 days of the
said letters. Plaintiff further stated that, the Defendants fail to respond to any of the
demands.

11. 12. Plaintiff claims that the First Defendant has breach the said credit facility by
failing to deliver the payment of the steel bars ordered within the said mention date in
the invoice.

12. 13. The Second and Third Defendant are also jointly liable for the breach acting as
guarantors to the Frist Defendant.

13. 14. Plaintiff now suffers monetary losses from the said breach.

14. 15. Plaintiff pray to the Court and claims against the Defendants for:-

a) The sum of RM550,995.47 being the balance of purchase price of steel bars sold
and delivered to First Defendant;
b) Interest;
c) Cost;
d) Such further and/or other relief that this Honourable Court deems fit and proper.

Dated this 09th day of December 2019

……………………………………..
M/S TAY & FAM
(Plaintiff’s solicitors)
This Amended Statement of Claim is prepared and filed by Messrs. Tay & Fam, solicitors for
the Plaintiff, whose address of service is at No. 11, 2/21 Jalan Mutiara Emas, Taman Merah,
81100 Johor Bahru, Johor.
(Ref file: FHY/ )