Investors

Axiata strives to raise our shareholder value by striking a balance between
short-term profitability and long-term growth.

Material Litigation

Back 17 Nov 2021
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 Dato’ Bistaman Ramli (“DBR”); and

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

 

The Indemnity Suit is in relation to the breaches of duty involving the entry into the Subscription Agreement dated 25 June 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. 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 Dieter Sieber, Frank Reinhard Bartsch, Joerg Andreas Boy, Axel Hass, and Oliver Tim Axmann (“DeTe Defendants”) 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 (“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.

 

Axiata wishes to announce that Celcom, Celcom Resources Berhad (“Celcom Resources”) and DeTe have reached an amicable settlement and have entered into a Settlement Agreement dated 15 November 2021 without any admission as to liability by the parties in respect of the Indemnity and Conspiracy Suits.

 

Pursuant to the above, Celcom and Celcom Resources will discontinue the Indemnity and Conspiracy Suits with no order as to costs and without liberty to file afresh against DeTe, Dieter Sieber, Frank Reinhard Bartsch, Joerg Andreas Boy, Axel Hass, and Oliver Tim Axmann.

 

This announcement is dated 17 November 2021.

 


Announcement Info

Company Name AXIATA GROUP BERHAD
Stock Name AXIATA
Date Announced 17 Nov 2021
Category General Announcement for PLC
Reference Number GA1-17112021-00029