KUALA LUMPUR – The High Court today allowed the government and Keretapi Tanah Melayu Berhad (KTMB) limited access to the active tracks at the Klang Valley Double Tracking Phase 2 (KVDT2) project site.
A lawyer from the law firm Skrine, who represented project contractor Dhaya Maju LTAT, said the order was given by Judge Datuk Lim Chong Fong today during the case management of the suit filed by the company against the government, KTMB, Transport Minister Datuk Seri Dr Wee Ka Siong and engineering consultancy services company Opus Consultants (M) Sdn Bhd.
He said the court also allowed the ad interim injunction obtained by Dhaya Maju LTAT restraining the government and KTMB from instructing the company to stop work on the site to be extended until January 7, 2021.
“The ad interim injunction will continue until January 7, 2021, with minor variations allowing the government and KTMB access to the active tracks to carry out maintenance and repair work,” said the lawyer, who declined to be named.
On November 2, the court granted the ad interim injunction to Dhaya Maju LTAT which, initially, would be in effect until December 12 or any further date as directed by the court.
The company was also granted an ad interim injunction preventing the government and KTMB from entering the KVDT2 project site and instructing the company to vacate the site, as well as a temporary injunction which restrained KTMB from revoking its Licence to Occupy the site until the same date (December 12).
The lawyer said the case had been fixed for case management on January 7, next year before Justice Lim.
During the case management via Skype today, lawyers Ashok Ranai, R. Loshini, S. Tatvaruban and R. Laarnia from Skrine appeared for Dhaya Maju LTAT while senior federal counsel Asliza Ali appeared for the government and Wee. Hee Hui Ting represented Opus Consultants while Sean Yeow and Lim Bee Sie represented KTMB.
Dhaya Maju LTAT, which is embroiled in the dispute with the government and Wee following the termination of its contract for the KVDT2 project on Sept 23, filed the suit on Oct 27.
In its statement of claim, the company, among others, claimed that to date, the formal notice of termination of the revised contract has not been duly served and the company had absolutely no notice of the alleged cancellation, which was carried out through the press release, with the company only learning about the alleged cancellation for the very first time through the media.
Apart from seeking damages, Dhaya Maju LTAT, an 80:20 joint-venture company between Dhaya Maju Infrastructure (Asia) Sdn Bhd and Lembaga Tabung Angkatan Tentera (LTAT) incorporated on June 5, 2017, under the Companies Act 2016, among others, is seeking declaration that the purported termination of the revised contract is invalid, unlawful and wrong at law.
The project came under fire after Finance Minister Tengku Datuk Seri Zafrul Abdul Aziz released a list of 101 projects awarded via direct negotiations worth RM6.61 billion during the Pakatan Harapan (PH) administration and these included the KVDT2 project awarded to Dhaya Maju LTAT worth RM4.475 billion. – Bernama, December 10, 2020
