KUALA LUMPUR: A businessman who helped Jepak Holdings Sdn Bhd secure a solar hybrid project for 369 rural schools in Sarawak has applied for his suit against the managing director of the company to be decided through summary judgement.
Rayyan Radzwill Abdullah, 41, filed the suit against Saidi Abang Samsudin, 61, through Messr Ravee and Associates on Feb 29 on the allegation that his business partner had failed to pay the remaining RM9 million for services rendered to obtain the solar hybrid project.
Lawyer Ravee G. Uthirapathy, representing Rayyan, told reporters that the court had fixed Sept 4 to hear the defendant’s application to quash some of the paragraphs in the affidavit in support and affidavit in reply (Rayyan’s) which was filed together with the application for summary judgement.
‘’The hearing for the application for summary judgement will be decided later,’’ he told reporters after case management before High Court Judge Datuk Ahmad Bache yesterday.
Rayyan, as plaintiff, applied for summary judgement under Rule 14 of the Rules of Court 2012 to be included against the defendant. Summary judgement is where the court decides a case through arguments without hearing the testimony of witnesses at the trial.
In his statement of claim, Rayyan claimed that in early 2016, Saidi had appointed him as an advisor to obtain and prepare working papers for the hybrid solar project and in return promised to pay a fee of RM10 million when the defendant was successful in securing the project.
The plaintiff claimed that on Dec 10, 2016, the defendant had successfully obtained the project with a gross value of RM1.25 billion from the Ministry of Education Malaysia (MOE), as a result of the efforts and work done by the plaintiff.
According to him, on Aug 10, 2017, the defendant had paid RM1 million to him and until now the remaining payment of RM9 million was still outstanding and has not been paid by the defendant.
Therefore, the plaintiff demanded the remaining payment of RM9 million, damages of RM20 million due to loss of investment opportunities, general damages, benefits and costs.
Saidi, in his defence statement filed on April 6, denied that he had appointed the plaintiff as an advisor to obtain and prepare working papers for the hybrid solar project apart from claiming that the agreement for the project was entered into between Jepak Holdings and MOE and not in the defendant’s private capacity.
Saidi also filed a counter-claim against Rayyan demanding that he return the RM1 million paid to him immediately.
Rayyan is a prosecution witness in the case of the wife of former prime minister Datuk Seri Najib Abdul Razak, Datin Seri Rosmah Mansor who faced one charge of seeking RM187.5 million and two charges of receiving bribes of RM6.5 million involving the solar hybrid project. — Bernama
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