SHAH ALAM: A prominent businessman has lodged a police report over a 'dubious' court judgment ordering him and his partner to pay a timber company RM848.14 million.
Hamid Man, 67, and his partner Abu Bakar Rahmat, 48, also filed a summons at the High Court here yesterday to set aside the above-mentioned judgment.
The duo claimed Judicial Commissioner Zaleha Yusof did not pronounce such a judgment when she struck off their defence on April 9.
Hamid and Abu Bakar, directors of a timber logging company, Anjakan Wawasan Sdn Bhd (AWSB), were defendants in a RM848.14 million suit brought by Kaohsiung Timber Products (KTP) Sdn Bhd.
KTP had filed the suit against Hamid and Abu Bakar, claiming the duo had sabotaged the company from getting an approval order by the Pahang government to supply raw acacia wood.
Hamid said that the plaintiff’s lawyers Majdah Muda and Azlinda Baroni of Messrs Azlinda Baroni & Co and had sent him a copy of the court judgment through mail on May 25.
However, his lawyer,Vadivu Perumal, later told him that the judge had made only the order on April 9 but no judgment was delivered.
- Hamid said that the judgement, dated May 11, among others, ordered that he and Abu Bakar pay KTP:
- RM748,144,000 in general damages and future loss of income; and
A seven-day deadline for the payment to be made expired yesterday (May 31).
A deviation from court procedures
According to Hamid, as told to him by his lawyer who attended court on April 9, their defence was struck off and they were asked to pay only RM1,500 in costs.
Hamid wants the police to investigate how Messrs Azlinda Baroni & Co, representing KTP, could obtain a sealed court judgment said to be made by Zaleha on April 9.
The sealed copy of the judgment served on the two showed that it was signed by High Court senior assistant registrar Sri Pracha Nanthini Balabedha on May 13.
Hamid’s lawyer Mohd Haaziq Pillay said: “We are applying for a stay. We were not told of any application made for an assessment of damages for this so-called judgment.”
Haaziq said when the plaintiff’s lawyers Azlinda Baroni and Majdah Muda sought a judgment, they were told by Zaleha to make a formal application.
Haaziq also claimed that plaintiff’s lawyers had met with the court staff at the registrar’s office with regards to the case without informing anyone from the defendant’s side.
“This is highly improper as a defendant’s lawyer must be informed of any date set, in line with the Rules of the High Court, 1980," he said.
"This judgment is void and should be set aside as, among other things, it deviated from court procedures.”
The case has been set for mention on June 11.
It was widely reported on April 9 this year, Judicial Commissioner Zaleha Yusof had in chambers ordered Hamid and Abu Bakar to pay RM848,144,000 to the plaintiff.
Haaziq added the matter was wrongly reported by certain media after the defence was struck off on April 9.
No comments:
Post a Comment