The Appeals Court in Putrajaya today granted another postponement of the hearing of the appeals in two civil suits involving businessman Tajudin Ramli and Celcom (Malaysia) Berhad as parties involved were still in the process of negotiating a global settlement.  

Lawyer RS Nathan representing the company (Celcom) told the Appeals Court three-member panel that the settlement not only covered those appeals but also several other matters pending in the High Court.

“This settlement discussion represents the second phrase of settlement which earlier had resulted in the withdrawal of 35 appeals before another Appeals Court panel involving Tajudin, the government of Malaysia, Pengurusan Danaharta Nasional Bhd and also involved Celcom,” he said.

He said he wrote a letter dated April 5 this year to the registrar of the Appeals Court requesting postponement of the hearing of the appeals, which was scheduled today.

Tajudin’s counsel Lim Kian Leong and lawyer Christopher Leong representing Celcom’s other former directors who were also being sued by the company (Celcom), supported Nathan’s request for postponement.

Justice Abdul Malik Ishak, presiding over the panel together with Justices Mohd Hishamuddin Yunus and Anantham Kasinater allowed the postponement and set June 25 as the new hearing date.

The Appeals Court had set today to hear the appeals after postponing the hearing on Feb 20 this year.

The appeals concern the High Court’s decision in disallowing Tajudin’s and other former directors’ applications to strike out two civil suits brought against them by Celcom and its wholly owned subsidiary, Technology Resources Industries Bhd (TRI), alleging that they had breached their fiduciary duties.

The company sued its former directors including Tajudin to recover RM880 million it had to pay DeTeAsia Holdings GmbH, a unit of Deutsche Telekom, following an arbitration award DeTeAsia obtained against Celcom in the International Court of Arbitration of the International Chamber of Commerce on Aug 2, 2005 in a breach of contract case.

Celcom sought former directors to indemnify firm

Celcom sought its former directors including Axel Hass and Oliver Tim Axmann to indemnify the company (Celcom) all the sums it had paid to DeTeAsia following the arbitration award.

In 2003, Telekom Malaysia Bhd offered RM2.75 per Celcom share when it offered to buy the rest of the mobile operator. Deutsche Telekom then sold its shares at that price but it had filed for arbitration, claiming another RM4.25 a share in damages.

The German firm claimed that it was promised RM7 a share under an agreement with the previous Celcom board led by Tajudin.

On Feb 14 this year, Tajudin withdrew his appeals after he and Pengurusan Danaharta Nasional Bhd reached an out-of-court settlement concerning a civil suit filed six years ago over RM589 million debts incurred by the corporate figure over the purchase of MAS shares.

Tajudin also withdrew his counter-claim against numerous other litigants including Telekom Malaysia Bhd, Naluri Corporations, Celcom (M) Berhad, Atlan Holding Bhd and CIMB Group.

- Bernama