KUALA LUMPUR: The High Court here today set Nov 5 to hear the application by businessman Rayyan Radzwill Abdullah for his suit against former managing director of Jepak Holdings Sdn Bhd, Saidi Abang Samsudin to be decided through summary judgment.
The suit filed by Rayyan, 41, last Feb 29 is over the claim made by his business partner that he had failed to pay the balance of RM9 million for his services rendered to obtain the solar hybrid project involving 369 rural schools in Sarawak.
Judge Ahmad Bache also set the same date (Nov 5) to hear Saidi’s application to strike out the suit brought against him by Rayyan, as the plaintiff, and ordered both parties to file their submissions on Oct 13.
Earlier, the judge dismissed the application by Saidi, as the defendant, to remove part of the paragraph in his supporting affidavit and the plaintiff’s (Rayyan) affidavit in reply on grounds that the issues in both affidavits merited to be heard together with the application for summary judgment.
The plaintiff had asked that the summary judgment under Rule 14 of the Rules of Court 2012 be entered against the defendant.
Later when met by reporters, lawyer Ravee G Uthirapathy, acting for Rayyan, said that part of the paragraph that the defendant (Saidi) wished to remove involved the letter of agreement between the two individuals on the solar hybrid project.
Counsel Krishna Kumar, representing Saidi, said the application to strike out the suit was made because the defendant (Rayyan) should have instead sued the company, Jepak Holdings, and not his client.
In his statement of claim, Rayyan stated that in early 2016, Saidi, 61, had appointed him as adviser to prepare a working paper on the solar hybrid project and to get the project in return for the defendant’s promise to pay a fee of RM10 million upon procurement of the project by the defendant.
The plaintiff claimed that on Dec 10, 2016, the defendant managed to get the project valued at RM1.25 billion from the education ministry due to the plaintiff’s efforts.
According to him, on Aug 10, 2017, the defendant paid him RM1 million but until now, the balance of RM9 million had not been settled by the defendant.
Hence, the plaintiff is claiming the balance of RM9 million, plus damages amounting to RM20 million due to loss of investment opportunity, general damages, interests and costs.
Saidi, in his statement of defence filed last April 6, denied that he had ever appointed the plaintiff as adviser to get the solar hybrid project and to prepare a working paper on it, besides claiming that the agreement for the project was made between Jepak Holdings and the education ministry and not in the defendant’s personal capacity.
Saidi also filed a counter claim for Rayyan to immediately return the RM1 million paid to him.
Rayyan is a prosecution witness in the corruption trial of former prime minister Najib Razak’s wife, Rosmah Mansor who is facing one charge of soliciting RM187.5 million and two charges of receiving a bribe of RM6.5 million involving the solar hybrid project.