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Material Litigation

Back 14 May 2018

 

Type Announcement
Subject MATERIAL LITIGATION
Description

1. KUALA LUMPUR HIGH COURT CIVIL SUIT NO: D1-22-1960-2008 CELCOM (MALAYSIA) BERHAD (CELCOM) & TECHNOLOGY RESOURCES INDUSTRIES BERHAD (TRI) VS TAN SRI DATO TAJUDIN BIN RAMLI (TSDTR) & 6 OTHERS (CONSPIRACY SUIT) 2. KUALA LUMPUR HIGH COURT CIVIL SUIT NO: D5-22-610-2006 CELCOM & TRI) VS TSDTR AND 8 OTHERS (INDEMNITY SUIT)

Axiata Group Berhad (“Axiata”) refers to the following announcements: -

 

(i)    28 April 2006 by Telekom Malaysia Berhad on the commencement of the Indemnity Suit against, inter alia, TSDTR and Bistamam Ramli (“BR”);

(ii)   24 October 2008 by TM International Berhad ( now known as Axiata) on the commencement of the Conspiracy Suit against, inter alia, TSDTR and BR; and

(iii)  24 June 2016 by Axiata on the service of the respective Defence and Counterclaim for Conspiracy and Indemnity Suits (collectively referred to as “the Defence & Counterclaims”) by TSDTR and BR on 23 June 2016.

 

The Indemnity Suit is in relation to the breaches of duty involving the entry into the Subscription Agreement dated 25.6.1996 (“Subscription Agreement”) between Deutsche Telekom AG, TRI and Celcom, the Supplemental Agreement dated 7 February 2002 (“the 2002 Supplemental Agreement”) and the Amended and Restated Agreement dated 4 April 2002 (“ARSA”) between DeTeAsia Holdings GmbH (“DeTe”), Celcom and TRI. TSDTR and BR were inter alia, directors of Celcom and TRI at time of entry into the Subscription Agreement and the ARSA. Celcom and TRI claim that these agreements were entered into by the various former directors of Celcom and TRI in breach of their fiduciary duties as directors. This litigation is in relation to Celcom and TRI’s claim to seek an indemnity from the various former directors including TSDTR and BR in respect of the sums paid out to DeTe under the Award dated 2 August 2005 handed down by the Tribunal of the International Court of Arbitration of the International Chamber of Commerce Case No. 12615/MS instituted against Celcom (“ICC”).

 

The Conspiracy Suit is in relation to the Celcom and TRI’s claim that DeTe, Beringin Murni Sdn Bhd and the various former directors of Celcom and TRI including TSDTR and BR (“Defendants”) wrongfully and unlawfully conspired with each other to injure Celcom and TRI by causing and/or committing them to enter into the 2002 Supplemental Agreement and the ARSA with DeTe. This litigation is in relation to Celcom and TRI’s claim to seek damages for conspiracy from the Defendants including TSDTR and BR.

 

Axiata wishes to announce that pursuant to the directions handed down by the High Court on 8 May 2018 (as a result of the Receiving Order and Adjudicating Order entered against TSDTR and BR on the same day in the Shah Alam High Court Bankruptcy No. BA-29NCC-1091-02/2016 and the Shah Alam High Court Bankruptcy No. BA-29NCC-1092-02/2016 respectively),

 

(a)    Celcom and TRI are required to obtain leave under section 8 of the Bankruptcy Act 1967 to continue the Conspiracy and Indemnity Suits against TSDTR and BR;

(b)    TSDTR and BR are required to apply for sanction of the Director General of Insolvency under section 38(1)(a) of the Bankruptcy Act 1967 to defend the Conspiracy and Indemnity Suits to maintain their counterclaims in the Conspiracy and Indemnity Suits against Celcom and TRI.

 

Axiata will make further announcements from time to time in respect of any material developments on these 2 matters.

 

The announcement is dated 14 May 2018.

 




Announcement Info

Company Name AXIATA GROUP BERHAD
Stock Name AXIATA
Date Announced 14 May 2018
Category General Announcement for PLC
Reference Number GA1-14052018-00120

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