The Court of Appeal has fixed July 26 to hear an appeal to reinstate a suit against former premier Najib Abdul Razak and four others over an alleged conspiracy that caused two brothers and their company to incur losses.
Businessperson Deepak Jaikishan (above), his brother Rajesh, and their company Radiant Splendour, made the appeal to quash a Kuala Lumpur High Court decision that struck out the suit.
On Jan 13 last year, the High Court allowed the striking-out application by Najib and four other defendants, on grounds that the legal action was "unsustainable".
Besides Najib, the other defendants were his wife Rosmah Mansor, his brother and lawyer Ahmad Johari Abdul Razak, former Tabung Haji chairperson Abdul Azeez Abdul Rahim, and then Bank Rakyat Malaysia Berhad chairperson Shukry Mohd Salleh.
Today was initially fixed for hearing of the appeal before the Court of Appeal. However, the hearing has been put off to July 26 due to the extension of the movement control order (MCO).
Deepak this morning confirmed that the parties agreed to the postponement.
“Due to the continuing lockdown, all parties have agreed to the postponement from today to July (26),” he said when contacted by Malaysiakini.
Checks on the online cause list showed that the appeal is listed for hearing before the Court of Appeal on July 26 at 9am, while the matter is also slated to come up earlier for case management on July 14.
On Sept 12, 2018, Deepak and the other two plaintiffs filed a suit against Najib and the other four defendants.
The plaintiffs alleged that Najib committed an abuse of power by instructing Bank Kerjasama Rakyat Berhad to file various suits against them.
Deepak claimed that this was done to prevent him from testifying in a Shah Alam High Court civil action involving the 2006 murder of Mongolian Altantuya Shaariibuu.
The plaintiffs alleged that on Shukry’s direction, they signed an agreement dated July 24, 2008, with Bank Kerjasama Rakyat Berhad, to surrender their absolute rights and interest on 80 apartment units at Condominium Palazzio Tower B, in return for financing facilities of up to RM198,888,750.
The plaintiffs claimed all the defendants perpetrated tort of conspiracy, fraud, malfeasance and abuse of process.
They had sought for each defendant to pay RM10 million in general damages and RM2.6 million in exemplary and aggravated damages.
Deepak previously mounted separate unsuccessful legal action against Najib, namely a lawsuit over the former allegedly suffering losses due to purported conspiracy, fraud and undue influence by the latter among others, in a property deal. - Mkini
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