KUALA LUMPUR – The high court here has allowed award-winning director Datuk Suhaimi Baba to bring in a third party into a breach of contract suit in which she is a defendant.
Yesterday, Judicial Commissioner Justice Anand Ponnudurai allowed an application by defendants Suhaimi, Pesona Pictures and Aida Fitri Buyong, to include Ankar Corporation Sdn Bhd and its directors, Tan Sri Dr Kamal Mat Salih and his son, Kahlil Anwar Kamal, to be included as third parties in the case.
Kamal is former Wangsa Maju MP and the current chairman of the Malaysian Institute of Economic Research (MiER).
Initially, MyCreative Ventures, also known as MyCv (an investor in the creative sector), sued Pesona Pictures, Suhaimi 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 Kings 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, and directors Kamal and Kahlil.
The defendants further claim 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 10 fold 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.
MyCv are represented by Khairul Anwar Mohamed and Adly Zulfadhly Zulkefly.
The defendants, meanwhile, are represented by Datuk Seri Rajan Navaratnam and Oazair Tyeb. – The Vibes, December 2, 2020
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