KUALA LUMPUR – The high court here has ordered Ankar Corporation Sdn Bhd, Tan Sri Kamal Mat Salih and Kahlil Anwar Kamal to settle RM2.4 million in claims and damages to award-winning director Datuk Shuhaimi Baba, Pesona Pictures and Aida Fitri Buyong.
Judicial commissioner justice Anand Ponnudurai allowed the claim on September 10 against Ankar Corporation, Kamal and his son Kahlil after the high court initially proceeded with trial for the third-party claim on August 9 in the absence of the third parties.
Kamal is former Wangsa Maju MP and current chairman of the Malaysian Institute of Economic Research (MiER).
Anand ordered the three parties respectively to settle RM2.4 million to Pesona Pictures, Shuhaimi and Aida to be paid jointly and severally by the third parties.
Initially, MyCreative Ventures, also known as MyCv (an investor in the creative sector), sued Pesona Pictures, Shuhaimi and Aida for outstanding monies arising from a revolving contract financing facility awarded to Pesona in August 2016.
However, the defendants claimed that in December 2016, MyCv agreed to finance a Pesona film project called Regalia – The King’s Keeper for RM2 million.
The project was based on an agreement entered into by company Malaytrilogy (a subsidiary of Pesona) and Ankar Capital.
According to the statement of defence filed by the defendants, they allege that MyCV is aware that Ankar Capital is responsible for paying the financing amount to MyCV.
Based on this, the defendants opted to include Ankar Corporation, and directors Kamal and Kahlil.
The defendants further claimed that Ankar Corporation, Kamal and one Dr Baharuddin told them that if RM2 million is paid to Ankar Corporation, the defendants can multiply their investment tenfold to RM20 million.
Based on that, it was alleged that Ankar Corporation promised to pay Malaytrilogy RM20 million for the RM2 million paid to them. Additionally, should Ankar Corporation fail, they would return the RM2 million.
Thus, Pesona obtained the RM2 million from MyCV and paid those monies to Ankar Corporation.
Unfortunately, it was claimed that the RM20 million was never paid by Ankar Corporation.
Because of the representations and guarantees signed by Ankar Corporation and its directors, the defendants claim that Ankar Corporation is the one responsible to pay off MyCV.
Based on this, the high court allowed the defendants to include Ankar Corporation and its directors as third parties to the suit prior to the trial.
MyCv are represented by Khairul Anwar Mohamed and Adly Zulfadhly Zulkefly.
The defendants, meanwhile, are represented by Datuk Seri Rajan Navaratnam, Oazair Tyeb and Aravind Ramakrishnan. – The Vibes, September 16, 2021
