A case of consolidating two suits.
- Plaintiffs are Deepak, his younger brother Rajesh, their company Radiant Splendour
- Defendants are Najib, Rosmah, Najib’s brother Ahmad Johari Razak, former Tabung Haji chairperson Abdul Azeez Abdul Rahim and Bank Rakyat chairperson Shukry Mohd Salleh
- Plaintiffs allegedly forced to take out an RM198 million loan from Bank Rakyat on behalf of Najib and Rosmah
- Plaintiffs facing a suit by Bank Rakyat for the purported default of the loan
- Plaintiffs claiming losses they alleged Najib and Rosmah are responsible for
- Plaintiffs seeking RM10 million each from the five defendants, and another RM2.6 million in damages
Former premier Najib Abdul Razak and his wife Rosmah Mansor have appointed lawyer David Matthews to represent them in an RM52.6 million suit filed by carpet businessperson Deepak Jaikishan, his younger brother Rajesh Jaikishan, and their company Radiant Splendour Sdn Bhd.
Last month, when the case was called before Kuala Lumpur High Court judge S Nantha Balan, the couple had yet to appoint lawyers for the case.
Deepak’s lawyer Mohd Haniff Khatri Abdulla, who attended case management today, confirmed Matthews’ appointment when met by reporters from the High Court chambers.
Deepak, his brother, and their company had named Najib, Rosmah, Najib’s brother Ahmad Johari Razak, former Tabung Haji chairperson Abdul Azeez Abdul Rahim and Bank Rakyat chairperson Shukry Mohd Salleh as defendants in the suit, which was filed on Sept 12.
The plaintiffs are claiming losses under the torts of conspiracy, fraud, malfeasance and abuse of process, all of which they alleged Najib and Rosmah are responsible for.
This comes after Deepak, his brother, and their company were allegedly forced to take out an RM198 million loan from Bank Rakyat on behalf of Najib and Rosmah.
In turn, the plaintiffs’ ownership of a master title for 80 condominium units on a parcel of land in Kuala Lumpur had been used as the deed of assignment for the deal in 2008.
In return, Radiant Splendour and the two plaintiffs were appointed as the proxies for Najib and Rosmah for the Menara Angkasaraya and Bukit Raja land deals worth RM2 billion.
However, on April 19, 2013, the plaintiffs entered into a settlement agreement with Bank Rakyat following failure to service the loan.
The plaintiffs claimed that due to the loan default, Najib’s brother Johari and his firm were appointed to sell the condominium at a loss in 2014.
It was further claimed that Deepak and the other plaintiffs were pressured by Najib and Rosmah as the pair allegedly did not want Deepak to agree to a suit filed by A Santamil Selvi, the widow of private investigator P Balasubramaniam, and her children.
Senior lawyer Muhammad Shafee Abdullah had been appointed by the former premier and his wife to represent Deepak in the first suit.
Deepak and the other plaintiffs are seeking RM10 million each from the five defendants, and another RM2.6 million in exemplary damages and aggravated damages as deemed fit by the court.
This follows the losses the Jaikishans suffered following the sale of the condominium, which they claimed was made at the behest of the defendants below market price.
Consolidating two suits
Plaintiffs’ lawyer Haniff told reporters today he had informed Justice Nantha Balan that his clients wanted to consolidate this suit with a suit filed by Bank Rakyat against the Jaikishans.
He added that the judge had fixed Nov 30 for the hearing on whether to consolidate the suit.
Haniff also said Justice Nantha Balan had asked whether the suit should be heard before the High Court’s commercial division or civil division, to which he argued it should be at the commercial division as the case stemmed from Bank Rakyat filing it there.
Bank Rakyat named Deepak, his brother and company as defendants following the purported default of the loan they had received.
The other lawyers who are appearing for the defendants are Dhinesh Bhaskaran for Johari, Prem Ramachandran for Azeez, and Jagjit Kaur for Sukry. – Malaysiakini