This article first appeared in The Edge Financial Daily on January 14, 2020

KUALA LUMPUR: Former premier Datuk Seri Najib Razak and his wife Datin Seri Rosmah Mansor succeeded in striking out a RM52.6 million suit filed against them and three others by businessman Deepak Jaikishan, his brother Rajesh and their company Radiant Splendour Sdn Bhd.

The other defendants who also succeeded in striking out the suit are Najib’s former principal private secretary Tan Sri Shukry Mohd Salleh, who was also Bank Rakyat chairman; former Tabung Haji chairman Datuk Seri Abdul Azeez Abdul Rahim; and Najib’s brother Datuk Johari Razak.

High Court Judge Datuk Azimah Omar ruled that the suit is obviously unsustainable.

The court also ordered the plaintiffs to pay damages of RM10,000 each to the five of them.

Deepak, Rajesh and Radiant Splendour filed the civil suit in September 2018, seeking general damages on grounds the defendants had directly and indirectly conspired to damage their business.

The plaintiffs said on July 24, 2008, they were forced to take up a Bank Rakyat loan worth RM198.9 million as a proxy on behalf of Najib and Rosmah, with their master title for 80 condominium units named ‘Palazzio Tower B’ as collateral to ensure due repayment.

On April 19, 2013, the plaintiffs said they entered into a settlement agreement with the bank under the instructions of Najib, Rosmah and Shukry following failure to service the debt.

The default resulted in Johari and his firm being appointed to sell the condo units at a loss in 2014.

Subsequently, on June 30, 2016, another agreement was entered between the bank and one of the plaintiffs, following a proposal by Najib and Rosmah, which was conveyed by Abdul Azeez in Shukry’s office then.

The agreement included a RM22 million payment to the plaintiffs.

However, the payment was allegedly withheld after Deepak had threatened to testify in a court case in relation to a suit filed by the widow of P Balasubramaniam, A Santamil Selvi, and her three children, who were forced to live in exile following Balasubramaniam’s statutory declaration over Mongolian model and translator Altantuya Shaariibuu’s murder.

The plaintiffs were seeking RM52.6 million in damages, excluding other reliefs deemed suitable by the court.

Deepak, Rajesh and Radiant Splendour were represented by Nasbal Harun while lawyer Datuk David Matthews appeared for Najib and Rosmah, Dhinesh Bhaswaran for Johari, Prem Ramachandran for Abdul Azeez and Ng Ying Qi for Shukry.