Bank Islam to disclose all documents to MB
The Kuala Lumpur High Court ordered Bank Islam Malaysia Berhad (BIMB) to disclose all documents pertaining to a suit over
shares in Guthrie Berhad to Selangor Menteri Besar Abdul Khalid Ibrahim within 14 days.
The Kuala Lumpur High Court ordered Bank Islam Malaysia Berhad (BIMB) to disclose all documents pertaining to a suit over
shares in Guthrie Berhad to Selangor Menteri Besar Abdul Khalid Ibrahim within 14 days.
High Court Judge Rohana Yusuf made the order in chambers after the bank agreed to Abdul Khalid's application for the recovery of the documents which are in the bank's possession.
Abdul Khalid's lawyer Malik Imtiaz Sarwar told reporters later that the judge told them that if the bank failed to comply with the order, its counter-suit against Abdul Khalid and its statement of defence would be dismissed.
There are two suits filed relating to the matter, one by Abdul Khalid against the bank and the other is the bank's counter-suit against Abdul Khalid.
Malik Imtiaz said his client needed the documents to better understand the case before the trial commences on May 4.
He said the court had set April 26 for case management to allow parties to prepare their documents before the trial begins.
The court will hear both Abdul Khalid's suit and the bank's counter-suit.
Malik Imtiaz said to be fair to the bank, the plaintiff (Abdul Khalid) had agreed to provide further particulars of Abdul Khalid's claim and defence to the bank within one week after the bank gave its documents to Abdul Khalid.
Abdul Khalid is also represented by counsel M Thomas Philip while Ganesan Nethi acts for the bank.
Abdul Khalid initiated the suit against the bank on May 18, 2007, claiming that there was a wrongful sale of his shares in Guthrie under an Al-Bai Bithaman Ajil (BBA) loan facility dated April 30, 2001.
He is seeking a declaration that there was a collateral contract between him and the bank relating to the BBA loan facility.
Abdul Khalid, who was the CEO of Guthrie from 1995 to 2003, is also seeking damages from BIMB, claiming that the bank had sold his shares in Guthrie.
BIMB filed a counter suit to recover the amount of RM66.67 million on May 24, 2007, claiming that the BBA agreement had been breached following Abdul Khalid's failure to repay the loan.
On Aug 21, 2009, Abdul Khalid was ordered by the court to pay RM66.67 million to BIMB for an Islamic loan which he had taken to buy shares in Guthrie in 2001, when he was its chief executive officer, after the court allowed the bank's application for a summary judgment.
The Court of Appeal on March 3 granted his appeal to set aside the summary judgment and sent the case back to the High Court after ruling that issues in the case must be ventilated at full trial.
- Bernama


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