Thursday 28 Mar 2024
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KUALA LUMPUR (July 16): The High Court today allowed an application by former prime minister Datuk Seri Najib Razak, his wife Datin Seri Rosmah Mansor (pic) and Baling Member of Parliament (MP) Datuk Seri Abdul Azeez Abdul Rahim to strike out a multimillion-ringgit suit by carpet businessman Deepak Jaikishian, his brother Rajesh and their company Carpet Raya Sdn Bhd.

Judicial commissioner Quay Chew Soon ruled that Deepak's and the others' statement of claim did not disclose reasonable cause of action as the essential element to sustain his claims of a conspiracy to injure, misfeasance in public office, breach of duty of care and defamation.

Quay also ordered the plaintiffs to pay RM15,000 total costs to Najib and Rosmah, and another RM10,000 costs to Abdul Azeez.

Najib and Rosmah were represented by counsel Datuk David Matthews, while Datuk Prem Ramachandran appeared for Abdul Azeez.

Deepak and the other plaintiffs were represented by Mohd Irzan Iswat and Nasbal Harun.

Matthews and Mohd Irzan separately confirmed the outcome of today's proceedings with theedgemarkets.com.

It was previously reported that Deepak, 47, Rajesh, 46, and Carpet Raya filed the RM100 million suit on Nov 15, 2018, seeking a declaration from the High Court that Najib and Rosmah were responsible for exerting pressure on them to pay tax arrears owed by them to the Inland Revenue Board (IRB).

Deepak and the other plaintiffs claimed in their statement of claim that between 2004 and 2010, he and Carpet Raya allegedly acted as an agent and proxy for Najib and Rosmah in land transactions related to Najib and other business deals as instructed by the couple.

He also claimed that Abdul Azeez acted as Najib and Rosmah's agent to carry out the transactions and acted as the intermediary between the couple and Carpet Raya.

Deepak claimed that as a result of the transactions, he received a letter from the IRB in March 2018, asking him to settle the tax arrears owed by Carpet Raya and his income tax, totalling more than RM6 million, excluding penalty charges and interest.

He said he and Carpet Raya were required to pay the tax arrears in instalments in 24 months from January 2018 to December 2019, in line with the Ministry of Finance's decision, through a letter dated Sept 21, 2017.

Deepak claimed that he received the letter from the IRB after his relations with the couple soured in 2012 following his refusal to follow their instructions in a civil case involving private investigator P Balasubramaniam, in the Altantuya Shaariibuu murder, and further claimed that Abdul Azeez had knowledge of the matter.

He said Najib and Rosmah also ordered legal action to be taken by the IRB against Carpet Raya and a winding-up petition was filed against the company in March 2017, and the petition was published by newspapers.

Deepak claimed that as a result of the petition, the business and reputation of all the plaintiffs were affected, and that he was banned from leaving the country. Further, he claimed that their business facilities were withdrawn by Malayan Banking Bhd (Maybank) and the company's contract with IKEA was cancelled.

The plaintiffs were seeking a court declaration that Najib and Rosmah were responsible for paying the tax arrears owed by the company.

They were also seeking damages of RM500,000 which were paid to Maybank, RM47 million for the company's inability to fulfil its contract and sales, RM74 million for the cancellation of the company's contract with IKEA, RM200 million for alleged defamation, and RM37 million being losses caused by Najib's misconduct.

They were also seeking RM100 million in aggravated and exemplary damages.

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