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2025 MarsdenLR 6909

HIGH COURT (KUALA LUMPUR)
AZIMAH OMAR, J
Siva Kumar al Jeyapalan & Anor – Appellant
Versus
Firwas Sdn Bhd – Respondent


Advocates:
Selva Kumar (Rose Hussain) for the plaintiff in main suit.
David Morais (with Pavitra Pillai, Sarah Jailany and Ellia Fatanah) (Shaikh David & Co) for the defendant in main suit.
David Morais (with Pavitra Pillai, Sarah Jailany and Ellia Fatanah) (Shaikh David & Co) for the plaintiff in counterclaim.
Selva Kumar (Rose Hussain) for the first and second defendants in counterclaim.
Sivabalan (with Goh Wan Ping) (Mastura Partnership) for the third defendant in counterclaim.
Dinesh Praveen Nair (Dinesh Praveen Nair) for the fourth defendant in counterclaim.

Azimah Omar J:

GROUNDS OF JUDGMENTA. FOREWORD

[1]The case before this Court was a patently and obviously a fraudulent and sham claim by fraudulent personas who by their concerted deceit and outright lies maliciously attempted to force the Defendant-vendor to conform and abide by a fraudulent Draft Sale and Purchase Agreement (which at all times was never signed and in fact had been clearly rejected by the Defendant-vendor). The fraud was concocted by the Plaintiffs themselves together with another fraudulent property agent and a fraudulent interloper within the legal fraternity who was unlawfully holding herself out as a qualified person (and lawyer) despite having proven to have forged her qualifications before the Malaysian Bar Council. The sheer magnitude of falsity emanating from this sham claim was overtly astounding to the grave extent that this Court must remark its disdain and chagrin to the callous and brazen deceit that the Plaintiffs and its cohorts have tried to delude this Court to believe.

[2]The core facts of the sham claim were simple. The Defendant-company was the owner and vendor of a large piece of land. The Defendant-company was desirous to sell the piece of land.

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