Jan 13 decision for summary judgment against former Jepak Holdings MD over solar hybrid project in Sarawak

KUALA LUMPUR: The High Court today set Jan 13 to decide on an application by businessman Rayyan Radzwill Abdullah for a summary judgment of his suit against business partner and former managing director of Jepak Holdings Sdn Bhd, Saidi Abang Samsudin.

Rayyan, 41, filed the suit on Feb 29, claiming that Saidi failed to pay him the remaining RM9 million for services rendered for the company to secure the hybrid solar projects for 369 rural schools in Sarawak.

Judge Datuk Ahmad Bache set the date after hearing submissions from both parties.

He also set the same date (Jan 13) to decide on Saidi's application to strike out the suit by Rayyan.

Earlier, lawyer Krishna Kumar, representing Saidi, submitted that Rayyan, as the plaintiff, did not file an affidavit in reply to his client’s application to quash the suit.

He said Rayyan should have filed the suit against Jepak Holdings and not Saidi.

"Therefore, we request for the court to strike out the suit,” be quashed by the court," the lawyer said.

Meanwhile, Rayyan’s lawyer, Ravee G. Uthirapathy, described as baseless and flawed the claim by the defendant that his client did not file an affidavit in reply to the matter, saying that there was an oral agreement between Rayyan and Saidi regarding the acquisition of the solar project by Jepak and consultation work provided to Rayyan after the acquisition of the project.

"The existence of the oral agreement was proven when Saidi had paid RM1 million to Rayyan as part of the payment that Rayyan should have received after the acquisition of the project," he said and applied for a summary judgment from the court.

A summary judgment is a judgment entered by a court for one party and against another party summarily through argument without hearing the testimony of witnesses at a trial.

In the statement of claim, Rayyan stated that in early 2016, Saidi, 61, had appointed him as an advisor to obtain and prepare working papers for the hybrid solar project and in return the defendant promised to pay a fee of RM10 million, upon him (Saidi) securing the project.

He claimed that on Dec 10, 2016, Saidi obtained the project, valued at RM1.25 billion from the Ministry of Education (MOE) as a result of the efforts and work he did.

According to Rayyan, on Aug 10, 2017, Saidi paid him RM1 million, but had yet to pay the remaining RM9 million.

He is seeking the remaining payment of RM9 million, RM20 million in damages due to loss of investment opportunities, general damages, interest 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.

He also said that the agreement to secure the project between Jepak Holdings and MOE was not in his personal capacity.

Saidi also filed a counterclaim against Rayyan for the immediate return of RM1 million that was paid to him.

Rayyan and Saidi are prosecution witnesses in the trial of the wife of former prime minister Datin Seri Rosmah Mansor who is facing a charge of soliciting RM187.5 million and two charges of receiving bribes of RM6.5 million involving the hybrid solar project.

-- BERNAMA