18 Apr 2011

MATERIAL LITIGATION – AMENDED

Author: admin | Filed under: Announcement
Subject :
MATERIAL LITIGATION
Description :
MESB BERHAD (“MESB” or “the Company”)
– COMMENCEMENT OF LITIGATION AGAINST SUBSIDIARY COMPANY

The Board of Directors of MESB wishes to announce that Maintenance Engineering Sdn Bhd (“ME”), a wholly-owned subsidiary of the Company has been served with a Writ of Summons and Statement of Claim by the Kuala Lumpur Sessions Court, Kuala Lumpur Civil Action No. 52-7331-2011 on 15 April 2011.

   
 
Announcement Details/Table Section :

 

 

1.   Date of presentation of the Writ of Summons and the date of the Writ of Summons served on ME.

 ME (“Defendant”) has been served with a Writ of Summons on 15 April 2011 in relation to a claim filed by Thurairatnam, doing business under the name of Syarikat Setia

(“Plaintiff”) through a firm of lawyers acting on behalf of Plaintiff. The Writs of Summons was filed at the the Kuala Lumpur Sessions Court, Kuala Lumpur Civil Action on

2 March 2011.

 

ME received the Writ of Summons on 15 April 2011.

 

2.   Particulars of claims under the Writ of Summons

 

 

The Plaintiff’s claims against ME as the following amounts:

 (i)     Outstanding amount of RM246,856.89;

 (ii)  interest claimed at the rate of 8% per year on the outstanding amount from the date of filing of the writ of summons to the date of full settlement;

 (iii) Cost for this course of action; and

 (vi) such further and/or other relief that this Honourable Court deems fit.

 

3.   Details of default or circumstances leading to the filing of the Writ of Summons

 The claim is in respect of an outstanding amount of RM246,856.89 due to the Plaintiff for the works done by the Plaintiff for ME for a contract received from TNB.

 

The Defender is the main contractor and the Plaintiff is the sub-contractor by way of a Letter of Award awarded dated 22/3/3006 to the Plaintiff to complete the

foundation works for a contract received from TNB.

 

The Plaintiff claimed that they have completed the works and had received progress payment for the works.

 

The Plaintiff claimed that they have issued invoices to the Defendant but full payment has not been received until now and notices of claims against the

outstanding payments was made but was not being settled by the Defendant.

 

Now, the Plaintiff is claiming the full payment from ME inclusive of other costs relevant.

 

     

4.   Financial and Operational impact of the Writ of Summons on the Group

 

 There is no immediate financial and operational impact on MESB Group arising from the Writ of Summons.

5.   Expected losses to the Group, if any, arising from the Writ of Summons

 

 The sum of RM246, 856.89  alleged to be due together with interest and cost thereon.

 

 

6.   Steps taken and proposed to be taken by the Company in respect of the Writ of Summons

 

 A court hearing which was fixed on 18th April 2011 had been postponed to a later date to be determined.

 ME will obtain necessary legal advice from its solicitors with regard to the above claim and have instructed its solicitors to defend the said claim.

 

 

 

The Company will announce further developments on the above matter as and when necessary.

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