Crime & Courts

Felda and subsidiary file suit against SPSB, 20 others

KUALA LUMPUR: The Federal Land Development Authority (Felda) and its subsidiary Felda Investment Corporation Sdn Bhd (FIC) have filed suit against real estate developer Synergy Promenade Sdn Bhd (SPSB) and 20 others for an order to immediately cancel all land transfer instruments in Jalan Semarak.

Felda and FIC, as plaintiffs, filed the suit through e-filing via law firm Lee Hishammuddin Allen & Gledhill.

Other than SPSB, the plaintiffs also named former Chairman Tan Sri Mohd Isa Abdul Samad; former Chairman Tan Sri Shahrir Abdul Samad, former Director-General Datuk Faizoull Ahmad; former FIC Chief Executive Officer Mohd Zaid Abdul Jalil; SPSB directors Abd Rahman Soltan and Noraini Soltan; SPSB and Synergy Promenade KLVC Sdn Bhd (SPKLVC); former Director-General Datuk Hanapi Shuhada; former Director-General Datuk Ab Ghani Mohd Ali; former Felda Land Director Shahrizal Mohd Saleh; and the Director of Federal Territories of Lands and Mines Kuala Lumpur as the defendants.

In the writ of summons and statement of claim, Felda applied for an order directing the Federal Territories Director of Lands and Mines to immediately withdraw all of the Felda Semarak land transfer instruments from the agency to SPSB and SKPLVC within 30 days of the date of the order.

The plaintiffs also applied for the declaration that the FIC Letter of Award, Felda Letter of Award, Development Agreement, Representative Power Letter, Rental Agreement, four Lease Purchase Agreements and a Memorandum of Understanding are not enforceable, void or invalid.

In addition, Felda is seeking damages and compensation from Mohd Isa and/or Faizoull for breaching its obligations and legal laws, amounting to RM1.062 billion for the commercial value of Semarak land directly attributable to the sale of the land.

Also being sought includes compensation in equity for a loss of RM562 million in commercial opportunities should Felda accept MGR of RM500 million from the Development Agreement.

It also demanded compensation in equity for all costs and expenses incurred to demolish the structures built by SPSB and to restore the land to its original condition.

Felda and FIC have sought damages and compensation for conspiracy against 16 defendants, amounting to RM1.062 billion for commercial value of land that could be deducted directly from the sale of the land.

They also demand RM562 million in damages if Felda receives MGR of RM500 million under the Development Agreement, compensation for costs and expenses incurred for demolishing SPSB-built structures and restoring land, and RM1.5 billion for losses in rent liabilities under the Rent Agreement if it is not waived.

Compensation was also sought for a second conspiracy involving eight defendants for the same amount and matter.

In addition, the two plaintiffs also sought damages and/or compensation from eight defendants for unlawful assistance by the other five defendants for violations of fiduciary statutory obligations and common law imposed by Felda.

The FIC also claims compensation from Faizoull and/or Mohd Zaid for violations of common law, fiduciary and legal obligations, namely compensation in the form of RM1.5 billion equity for rent and expense liability incurred by lawyers and other parties to investigate and advise the company of the infringement.

Meanwhile, both plaintiffs also demand costs and any other relief that the court deems fit.

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