This article first appeared in The Edge Financial Daily on April 5, 2019

KUALA LUMPUR: Former prime minister Datuk Seri Najib Razak and his wife Datin Seri Rosmah Mansor claim that the RM676 million suit filed by carpet businessman Deepak Jaikishan does not show a conspiracy involving them or any clear intention on their part to injure him.

They said Deepak did not show a reasonable cause of action as he does not have the legal standing to claim for losses purportedly accruing under the acquisition agreement of May 16, 2007 between Astacanggih Sdn Bhd and Awan Megah Sdn Bhd.

In the application to strike out the suit filed by Deepak against them for conspiracy and interference in a property deal that allegedly caused his company to suffer huge losses, both Najib and Rosmah claimed that the suit is vague, imprecise and lacking in material particulars about their actions in the alleged conspiracy to injure him.

“The claim is devoid of basis, misconceived and obviously unsustainable for being scandalous, frivolous and vexatious. It’s also an abuse of court process,” they said.

They also said that the suit was filed for an improper collateral purpose, therefore Deepak is not entitled to any claims for relief.

They said the settlement and withdrawal of another civil suit in a different High Court previously which is related to the acquisition agreement are final, conclusive and binding on the parties and interested persons.

“The plaintiff (Deepak), as a shareholder and director, is barred and disentitled from trying to resuscitate the claims pursuant to Astacanggih’s purported rights under the acquisition agreement,” they said in their application.

Najib and Rosmah filed their application to strike out the suit on Jan 7, while the other two defendants — Boustead Holdings Bhd and its subsidiary, Bakti Wira Development Sdn Bhd — filed the same application on Dec 17 last year.

Deepak’s lawyer Irzan Iswat Mohd Noor told The Edge Financial Daily that High Court Judge Justice Azimah Omar fixed June 3 to hear the application.

On Oct 12 last year, Deepak filed the suit claiming that he had suffered huge losses due to conspiracy, fraud and undue influence by Najib, Rosmah and two others in a property deal.

Deepak claimed that as a director and majority shareholder of Astacanggih, he had signed a land deal with the director and majority shareholder of Awan Megah (M) Sdn Bhd, Raja Ropiaah Raja Abdullah, over three pieces of land, involving 181.9ha (449.48 acres) in Mukim Kapar, Klang and Mukim Bukit Raja, in the Petaling district.

He claimed that a deposit payment of RM13 million had been made by Astacanggih to Awan Megah and a land bond for RM72.5 million from Kuwait Finance House (M) Bhd was submitted to the Malaysian government.

However, he claimed Awan Megah refused to produce the original land titles for transfer to Astacanggih.

Deepak claimed that as a result of the conspiracy and interference from Najib and Rosmah, who were named the first and second defendant, he was forced to sell 80% (16 million units) of his shares in Astacanggih to Boustead Holdings through Bakti Wira Development.

He is seeking RM600 million in general damages, RM50 million in exemplary damages and RM26 million in aggravated damages.

Lawyer Chong Wei Teng appeared for Najib and Rosmah, while Boustead Holdings and Bakti Wira Development were represented by lawyers Kenny Chan Yew Hoong and Lai Wai Fong.