An egg importer firm is seeking judgment in default against Azmin Ali because the Bersatu politician has allegedly not responded to its defamation suit.
J&E Advance Tech Sdn Bhd yesterday filed an application for judgment in default of appearance (JID) at the High Court in Kuala Lumpur yesterday.
The company claimed that despite having resorted to substituted service to hand the civil suit documents to Azmin (above) following failure to personally serve them on him, he allegedly failed to enter an appearance in the suit.
Under the Rules of Court 2012, a defendant shall file an appearance within 14 days from the date of service, failing which a JID may be entered against him or her.
Substituted service is typically granted only when the plaintiff has made a good-faith effort to serve the defendant through traditional means.
Through the JID application obtained by Malaysiakini via an online file search at the judiciary's official portal, J&E Advance Tech seeks several reliefs, among them general, compensatory, aggravated and exemplary damages.
The plaintiff seeks an injunction to prevent the defendant from further defaming it, five percent interest on the judgment award calculated from the date of filing the suit to the date of full settlement, as well as costs.
Malaysiakini is attempting to reach out to Azmin over the matter.
Allegation of direct negotiation
On April 3, J&E Advance Tech sent Azmin a letter of demand for RM20 million in damages for alleging that businessperson Deepak Jaikishan obtained a government contract to import the eggs via direct negotiation.
Then on April 12, the company filed a suit against Azmin over his speech during the “Ceramah Perdana: Solidariti Menentang Jenayah” gathering at Dewan Dato Ustaz Gadzil Noor, Taman Melewar, Kuala Lumpur on March 11.
Azmin is the Bukit Antarabangsa assemblyperson and was formerly the international trade and industry minister.
Putrajaya had allowed the import of eggs from India as a temporary measure to overcome a shortage while domestic producers ramp up supplies.
Deepak previously denied links to J&E Advance Tech. Checks on the company information with the Companies Commission found that Deepak was not listed as a shareholder or director in the firm.
The company’s civil action is set for case management before the High Court tomorrow. - Mkini
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