Peterpan

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  • Topic: Selangor, Kuala Lumpur, Petaling Jaya
  • Pages : 3 (495 words )
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  • Published : December 2, 2012
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IN THE HIGH COURT OF MALAYA AT KUALA LUMPUR

(COMMERCIAL DIVISION)

CIVIL SUIT NO:D-22NCC-2117-2010

BETWEEN

FOO CHEONG SENG
(NRIC No:551210-08-5403) …PLAINTIFF

AND

ABADI UTAMA GLOBAL SDN BHD …DEFENDANT
(Company No: 847474-T)

SUMMARY OF DEFENCE AND COUNTERCLAIM

The Defendant is owned by one Dato' Abang Haji Khalid (hereinafter referred to as Dato' Khalid) and one Eshlie Bin Ahmad Nawawie (hereinafter referred to as Eshlie).

The Plaintiff commenced this suit to inter alia claim for the balance purchase price of shares amounting to RM2,100,000.00 in one Global Bonanza (“the Company”) sold to the Defendant on or about 1.9.2009.

The Plaintiff approached and offered to sell the said shares to the Defendant after he was not in good terms with another Director of the Company at the material time, Tony Goh Sook San.

At that material time, Tony Goh Sook San had commenced an action against the Plaintiff in Kuala Lumpur High Court vide Civil Suit No: D-22-NCC-95-2009 on behalf of the Company inter alia for breach of fiduciary duties and making secret profits by misusing his position as Managing Director of the Company to change the technology provider to his own company without the board's approval.

As a result the hostile relationship, Tony Goh Sook San was unwilling to put in more monies to fund the expenditures of the Company.

As such, the Plaintiff approached the Defendant for monies. However, they were unwilling to do so due to the fact that they were minority shareholders of the company. It is at this juncture that the Plaintiff offered to sell all his shares in the Company.

Initially, the Defendant did not accept the offer due to concerns about Tony Goh Sook San's allegations. However, the Plaintiff assured that the change of technology was necessary, and would still be capable to meet the required bio-diesel American standard quality ASTM 6751 and European quality EN 14214. It is on this assurance that...
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