Dhaya Maju files appeal against high court dismissal of injunction application

 

Dhaya Maju LTAT Sdn Bhd has filed an appeal against the high court’s decision in dismissing its application for an injunction order to restrain the government and Keretapi Tanah Melayu Berhad (KTMB) from instructing the company to stop work on the Klang Valley Double Tracking Phase 2 (KVDT2) project.

Lawyer Ashok Ranai representing Dhaya Maju LTAT, when contacted, said the appeal was filed at the Court of Appeal on June 8.

“The court also ordered us to file a record of appeal before case management on Sept 7,” he said, adding that the record of appeal will be filed soon.

According to the notice of appeal, Dhaya Maju LTAT has named the Malaysian government, Transport Minister Wee Ka Siong, Opus Consultants (M) Sdn Bhd and KTMB as the respondents, claiming that they were not satisfied with the overall decision of judge Lim Chong Fong in dismissing the company’s injunction application on the matter on June 4.

Judge Lim dismissed the application on the grounds that under Section 29 of the Government Proceedings Act 1956 (Act 356), the law prevents courts from issuing injunctions against the government and civil servants to prevent them from performing official duties.

On Oct 27 last year, Dhaya Maju LTAT had filed a suit against the government, Wee, KTMB and Opus Consultants over the termination of the company's contract in the KVDT2 project.

In its statement of claims, Dhaya Maju LTAT, among others, claimed that until now, the official notice of termination had not been served on the company and it was completely unaware of the termination until it was announced by Wee in a media statement.

Apart from damages, Dhaya Maju LTAT, a joint venture firm belonging Dhaya Maju Infrastructure (Asia) Sdn Bhd and Lembaga Tabung Angkatan Tentera (LTAT) incorporated on June 5, 2017, under the Companies Act 2016, sought a declaration that the decision to terminate the contract was null and void.

The dispute arose after Finance Minister Tengku Zafrul Abdul Aziz released a list of 101 projects worth RM6.61 billion awarded through direct negotiations during the Pakatan Harapan administration, and this included the KVDT2 project worth RM4.475 billion given to Dhaya Maju LTAT.

- Bernama