MATERIAL LITIGATION Kuala Lumpur High Court Suit No: WA-24NCC-170-05/2017 Ire-Tex Corporation Berhad vs (1) Mak Lin Kum, (2) Chin Wui Choong, (3) Ahmad Amryn Bin Abd Malek, (4) Mohd Shariff Bin Omar and (5) Tan Tong Lang

IRE-TEX CORPORATION BERHAD

Type Announcement
Subject MATERIAL LITIGATION
Description
Kuala Lumpur High Court Suit No: WA-24NCC-170-05/2017   
Ire-Tex Corporation Berhad vs (1) Mak Lin Kum, (2) Chin Wui Choong, (3) Ahmad Amryn Bin Abd Malek, (4) Mohd Shariff Bin Omar and (5) Tan Tong Lang

On 18 May 2017, in the Kuala Lumpur High Court Originating Summons No.WA-24NCC-170-05/2017 (“the 170 Originating Summons”) between Ire-Tex Corporation Berhad (“the Plaintiff”) and (1) Mak Lin Kum, (2) Chin Wui Choong (“the 2nd Defendant”), (3) Ahmad Amryn Bin Abd Malek, (4) Mohd Shariff Bin Omar and (5) Tan Tong Lang (“the 5th Defendant”)(collectively referred to as “the Defendants”), upon application of the Plaintiff, the High Court Judge made the following orders pending the disposal of the 170 Originating Summons and the Kuala Lumpur High Court Originating Summons No. WA-24NCC-165-04/2017 (“the 165 Originating Summons”):-

1. An injunction to restrain the Defendants from making any announcements to Bursa Malaysia except to provide the latest information on material litigation or on non-contentious matters whereby:

a. The contents of the announcements must be approved by the Plaintiff and the Defendants in this action;

b. Thereafter, the approved announcements must be announced  by Boardroom.Com Sdn Bhd; and

c. Should there be any dispute on the announcements to Bursa Malaysia, the disputed announcement containing the amendments of both parties shall be presented to Bursa Malaysia for further action.

 

2. An injunction to restrain both disputing group of directors (that is Mak Lin Kum, Chin Wui Choong, Ahmad Amryn bin Abd Malek, Mohd Shariff bin Omar, Raja Hizad bin Raja Kamarulzaman, Hamdan bin Mohd Nor, Kong Hon Kay and Yap Tatt Keat) from:

a. Entering the premise of the Plaintiff in Kulim, Kedah except for Chin Wui Choong but only if accompanied by Christopher Purcell;

b. Making any police reports on behalf of the Plaintiff without the approval of both group of directors;

c. Making any payments from the Plaintiff or any of its subsidiaries except for the following payments:

(i)    Wages, statutory contribution, GST and income tax for the Plaintiff’s employees (however this does not include any payment to the parties claiming to be the Plaintiff’s directors as mentioned above);

(ii)   Suppliers of the Plaintiff in accordance with the ordinary course of business;

(iii)  Payments to Messrs UHY (as the Plaintiff’s auditors), Boardroom.com Sdn Bhd and Securities Services Sdn Bhd (whereby the payments made to Boardroom.com Sdn Bhd is without prejudice to the Plaintiff’s claim that the 5th Defendant is validly removed as the Plaintiff’s Company Secretary).

 

3. Any payments made from the Plaintiff’s accounts (if any) must be approved by the following cheque signatories:

a. Christopher Purcell from Group A; 

b. Lee John Way from Group B;

 

4. An injunction to restrain the 2nd Defendant from Group A to approve any payments on behalf of the Plaintiff;

 

5. An injunction to restrain both disputing group of directors (that is Mak Lin Kum, Chin Wui Choong, Ahmad Amryn bin Abd Malek, Mohd Shariff bin Omar, Raja Hizad bin Raja Kamarulzaman, Hamdan bin Mohd Nor, Kong Hon Kay and Yap Tatt Keat) from removing and/or downloading and/or copying any data, confidential information, documents or any other materials of the Plaintiff except under the instructions of the authorities whereby both disputing group of directors will be notified of the same;

 

6. Both Plaintiff and the Defendants be given liberty to apply;

 

7. Costs in the cause; and

 

8. The above injunction was granted on an undertaking by Kong Hon Kay through his counsel to abide by any order the Court or a Judge may make as to damages in case the Court or a Judge should later be of the opinion that the Defendants shall have sustained any by reason of this order which the plaintiff ought to pay.

Further, the Kuala Lumpur High Court has fixed 2 June 2017 for decision of the 170 Originating Summons and the 165 Originating Summons.






Announcement Info

Company Name IRE-TEX CORPORATION BERHAD
Stock Name IRETEX
Date Announced 19 May 2017
Category General Announcement for PLC
Reference Number GA1-18052017-00078