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2020 MarsdenLR 931

HIGH COURT MALAYA KUALA LUMPUR
DEEPAK JAIKISHAN JAIKISHAN REWACHAND – Appellant
Versus
DATO SERI MOHD NAJIB TUN ABDUL RAZAK & ORS – Respondent


Petitioner Advocates:Mohamed Haniff Khatri Abdulla,Mohd Irzan Iswatt Mohd Noor ,Respondent Advocate: David Thomas Mathews,Chong Wei Teng

JUDGMENT

Quay Chew Soon JC:

Introduction

[1] The 1st Defendant ("D1") and the 2nd Defendant ("D2") jointly filed an application vide encl 14 ("encl 14") to strike out the Plaintiffs ("P") Writ of Summons and Statement of Claim ("SOC"). Enclosure 14 was made under O 18 r 19(1) (a), (b), (c) or (d) of the Rules of 2012 ("Rules of ") or under the inherent jurisdiction of the Court.

[2] Likewise the 3rd Defendant ("D3") and the 4th Defendant ("D4") jointly filed an application vide encl 9 ("encl 9") to strike out P's writ and SOC. Enclosure 9 was made under O 18 r 19(1)(a), (b) or (d) of the Rules of or under the inherent jurisdiction of the Court.

[3] D1, D2, D3 and D4 are collectively referred to as the "Defendants". I allowed both encl 14 and encl 9. These are the grounds of my decision.

Background

[4] P sues in his capacity as a former director and shareholder of Astacanggih Sdn Bhd ("Astacanggih"). P's action is based on the torts of conspiracy, conspiracy to defraud, undue influence and conversion allegedly committed by the Defendants which resulted in losses allegedly suffered by P in relation to an Acquisition Agreement dated 16 May 2007 ("Acquisition Agreement").

[5] The parties to


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