KUALA LUMPUR: Former prime minister Datuk Seri Najib Razak and his wife Datin Seri Rosmah Mansor are seeking to strike out a suit filed against them by carpet dealer Deepak Jaikishan.
The suit is in relation to Deepak’s RM676 million suit against the couple and two other companies for tort of conspiracy and interference in a property deal that allegedly caused his company to suffer huge losses.
Najib and Rosmah’s lawyer David Matthews said he had informed High Court judge Datuk Azimah Omar of the couple’s intention to file the striking out application.
He said the court then instructed them to file the application by Jan 7, 2019.
The couple had filed their defence today. Following that, the judge fixed Jan 14 for case management.
Counsel Irzan Iswat Mohd Nor who represented Deepak told the press that Boustead Holdings Sdn Bhd and its subsidiary company, Bakti Development Wira Sdn Bhd which were named as the other two defendants have filed their striking out applications.
He said the judge had asked his client to reply to the striking out application by the companies by Jan 7.
Counsel Kenny Chan acted for the two companies.
On Oct 12, Deepak, 46, filed the suit claiming that he had suffered losses due to conspiracy, fraud and undue influence by the defendants.
In his statement of claim, Deepak who is the plaintiff claimed that he was the former director and majority shareholder of Astacanggih Sdn Bhd and minority shareholder of Awan Megah (M) Sdn Bhd which now belongs to Datuk Raja Ropiaah Raja Abdullah.
He claimed that through a privatisation contract dated June 8, 2005, Awan Megah had signed an agreement with the Federal Government and Tanah dan Harta Sdn Bhd to build Pusat Pendidikan Pertahanan Negara (Puspahanas).
The construction was alleged to have been executed on two Selangor state-owned lands in Kapar, Klang measuring 145.84 actes (58.3 hectares), 253 acres (101.2 hectares) and another land in Bukit Raja measuring a total of 50.62 acres (20.24 hectares).
He said following the agreement, Awan Megah had offered his company to buy the land for RM118,573,500, through an acquisition agreement which was signed by parties on May 16, 2007.
He claimed that in return, Astacanggih among others had to pay a RM13 million deposit to Awan Megah.
Astacanggih was also alleged to have given a RM72.5 million bank guarantee to the government as a land bond.
He also claimed that, Awan Megah needed to enter into a shareholder agreement with two Astacanggih shareholders in which about 20 per cent or RM4 million would be given to Raja Ropiaah in Astacanggih.
Deepak claimed that before the acquisition agreement was signed on May 16, 2007, Raja Ropiaah was Awan Megah director and majority shareholder while he (Deepak) was director and majority shareholder of Astacanggih.
He claimed that at the material time, Raja Ropiaah was a good friend and proxy of Najib and Rosmah.
He claimed that even though a RM13 million was paid as a deposit by Astacanggih to Awan Megah and a land bond of RM72.5 million from Kuwait Finance House (M) Sdn Bhd was made to the Federal Government, Awan Megah through Raja Ropiaah had failed to put forward the land grant to allow the acquisition of ownership to Astacanggih up until now.
Deepak claimed that due to all the conspiracy he had suffered losses totalling to over RM500 million.
He is seeking for RM600 million in general damages, RM50 million in exemplary damages and RM26 million in aggravated damages.