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Ex-Lieutenant commander loses breach of contract suit
KUALA LUMPUR: A former fleet operational lieutenant commander at the Lumut naval base failed to obtain a RM2 million compensation in his breach of contract civil suit against the Defence Ministry secretary-general and three others, today.
High Court judge Justice Rosilah Yop concluded that Lt (R) K.Marappan had failed to establish a case for his failure to secure a tender for the supply of a torpedo weaponry battery system.
She dismissed Marappan's claims with costs, to be assessed later.
Marappan, 68, also named the Navy commander, Ministry of Defence and the government of Malaysia as defendants.
In his statement of claim, Marappan said that the first defendant had advertised a tender in November 2002 for the purchase of 24 units of 'silver chloride magnesium seawater activated battery', for which he had submitted a bid on Dec 23, 2002.
Marappan claimed that his offer of RM129,992 per unit was lower than two other bidders and all tender requirements had been fulfilled.
A series of tests on battery samples conducted in India had raised "reasonable and legitimate expectation" with regards to the attempt of securing the tender he said, adding that in the end, it was not awarded to him.
Marappan had sought US$70,000 for the battery samples, general damages of RM500,000 and other costs deemed fit by the court.
The defence countered that they had no obligation to award the tender to the plaintiff and also categorically denied they were responsible for the cost of the tests in India and other related costs.
Met outside the court, Marappan said he would wait for the full judgment before deciding on an appeal.
The defendants were represented by senior federal counsels Azlina Mahmod and Suloshani Vijendran, while A. Magesan appeared for Marappan. -- BERNAMA