COURT OF APPEAL (PUTRAJAYA)
MOHAMAD ZABIDIN MOHD DIAH, HADHARIAH SYED ISMAIL AND LEE HENG CHEONG JJCA
RAYUAN SIVIL NO W-02(NCVC)(W)-1026-05/2018 AND W-02(NCVC)(W)-1040-05/2018
15 July 2021
GROUNDS OF JUDGMENT
[RAYUAN SIVIL NO: W-02(NCVC)(W)-1040-05/2018]
[1] This Appeal, W-02(NCVC)(W)-1040-05/2018 (“Appeal 1040”), is an appeal from Kuala Lumpur High Court Suit No. 22NCVC- 498-10/2014 (“High Court Suit 498”) and is heard together with Appeal, W-02(NCVC)(W)-1026-05/2018 (“Appeal 1026”), an appeal from Kuala Lumpur High Court Suit No.22NCVC-634- 11/2014 (“High Court Suit 634”).
[2] High Court Suit 634 is a claim by Ranjeet Singh Sidhu against Zavarco Berhad and there is a counterclaim by Zavarco Berhad against Ranjeet Singh Sidhu. Whilst High Court Suit 498 is a claim by Zavarco PLC, which is Zavarco Berhad’s ultimate holding company against the Ranjeet Singh Sidhu and 3 other individuals namely Loo Seng Kit, Amrit Kaur A/P Manjeet Singh and Hirofumi Ouchi.
[3] Both Suits are tried together before the learned High Court Judge (“the learned High Court Judge”) who decided as follows: –
HIGH COURT SUIT 634
(i) Dismissing Ranjeet Singh Sidhu’s Claim for Unpaid Advances of RM21,071,008.00; and
(ii) Allowing Zavarco Berhad’s Counterclaim for RM29,412,470.64.
HIGH COURT SUIT 498
(i) Allowing Zavarco PLC’s claim (Zavarco Berhad’s ultimate holding company) against Ranjeet Singh Sidhu, Loo Seng Kit, Amrit Kaur A/P Manjeet Singh and Hirofumi Ouchi for the sum of RM12,069,570.16.