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Chronology of Events
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DateEvents
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20.10.2005The 1st Defendant was incorporated
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1.12.2006 The Plaintiff was employed as a Technical Director of the 1st Defendant pursuant to a Letter of Appointment
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13.7.2009The Plaintiff was appointed as a director on the 1st Defendant’s Board of Directors together with the 2nd Defendant.
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27.7.2009The 2nd Defendant and the Plaintiff executed a Trust Deed which essentially stipulates that the Plaintiff holds the 550,000 Shares as a trustee for the 2nd Defendant who is the beneficiary of the same upon the terms and conditions of the Trust Deed.
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Plaintiff was given 700,000 shares in the 1st Defendant in 2 tranches, the first tranche being 550,000 shares and the second tranche, 150,000 shares.
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parallel with the holding of 550,000 shares in the 1st Defendant, the Plaintiff also executed a blank Transfer of Shares, Form 32A of the Companies Act 1965, in respect of the 550,000 Shares.
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June, 2016a misunderstanding occurred between the Plaintiff and the 2nd Defendant
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1.7.2016the Plaintiff incorporated a company called “GABS Network Solutions Sdn Bhd".
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4.7.2016A resignation letter was issued by the Plaintiff to the 1st Defendant and the 3rd def was appointed to be the director of the 1st def
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18.7.2016The Form 32A was executed to transfer the 550,000 Shares from the Plaintiff to the 2nd Defendant
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25.7.2016A covering email with the Resignation Letter attached to it was sent by the Plaintiff
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5.10.2016The 1st Defendant, through the 3rd Defendant, had lodged a police report against the Plaintiff alleging that the Plaintiff had, inter alia, wrongfully misappropriated the 1st Defendant’s funds and committed criminal breach of trust.
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19.10.2016the Plaintiff did a company search and discovered that:
i) The 1st Defendant is no longer the director of the 1st Defendant.
ii) The 3rd Defendant’s name was included as a director of the 1st Defendant effective 4.7.2016 which is the same date the Plaintiff had issued the Resignation Letter.
iii) The Plaintiff continues to hold 700,000 shares of the 1st Defendant.
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25.10.2016Through a Whatsapp communication between the Plaintiff and the 1st Defendant’s Company Secretary, En Saharudin bin Mohd Basar, En Saharudin extended to the Plaintiff documents pertaining to the Plaintiff’s resignation as a director of the 1st Defendant.
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6.12.2016The Plaintiff lodged an online complaint with the 4th Defendant for the 4th Defendant to investigate the 1st Defendant’s actions made through the 2nd Defendant’s instructions. The Plaintiff also reported regarding the issue of the wrongful transfer of the 550,000 Shares to the 2nd Defendant without the Plaintiff’s knowledge and consent.
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26.1.2017 and 31.1.20172 letters written by the Plaintiff’s solicitors, Messrs Nor Affiza & Co., to the 1st Defendant’s company secretary, JS Corporate Services Sdn Bhd,
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2.2.2017the 1st Defendant’s company secretary replied by letter to the Plaintiff’s solicitors stating that they have been instructed by the 1st Defendant not to release any documents to the Plaintiff’s solicitors.
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09/2017criminal prosecution against the Plaintiff was initiated in the Kuala Lumpur Sessions Court in case no. 62K-211- 09/2017
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4.4.2018By an email the 4th Defendant informed the Plaintiff’s solicitors, inter alia, that their investigation regarding his complaint against the 1st Defendant has been completed and that a “No Further Action” was decided by the Deputy Public Prosecutor by reason that the Resignation Letter encompasses the Plaintiffs resignation as a director of the 1st Defendant.
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12.8.2018Being dissatisfied with this decision the Plaintiff’s solicitors, Messrs Nor Affiza & Co., wrote a letter to the 4th Defendant, inter alia, seeking clarification regarding the NFA status.
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29.11.2018the 1st Defendant commenced a civil suit against GABS, the Plaintiff and 2 others at the High Court of Malaya at Shah Alam vide suit no. BA-22NCvC-595-11/2018. In the Shah Alam Civil Suit, the 1st Defendant alleged that the Plaintiff had conspired with GABS and the other defendants therein to fraudulently mislead, cheat, steal and deprive the 1st Defendant of monetary gains through contracts from the Plaintiff’s customers. The 1st Defendant also claimed for infringement of trademark, goodwill and passing off against the Plaintiff and the other defendants in the Shah Alam Civil Suit. The 1st Defendant further alleged that the Plaintiff had wrongfully misappropriated the 1st Defendant’s funds.
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4.3.2019By a letter, the 4th Defendant replied to the Plaintiff’s solicitors’ letter of 12.8.2018 where the 4th Defendant maintained their stand and further, inter alia.
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23.4.2019the Plaintiff’s solicitors wrote to the 4th Defendant, inter alia, requesting for a Board Resolution which had caused the name of the Plaintiff to be changed based on the 1st Defendant records.
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7.5.2019By a letter, the 4th Defendant replied to the Plaintiff’s solicitors’ letter of 23.4.2019 declining to furnish the Plaintiff with the said Resolution and asked the Plaintiff to make his request to the 1st Defendant instead.
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7.5.2019The Plaintiff’s solicitors then wrote a letter to the 1st Defendant’s company secretary, JS Corporate Services Sdn Bhd, requesting for the various Board resolutions appointing the 3rd Defendant as a director and accepting the resignation of the Plaintiff as a director as well as approving the transfer of the 550,000 Shares to the 2nd Defendant.
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2019Plaintiff filed this Originating Summons
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7.8.2020Hearing of this Originating Summons
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23.9.2020 Making of Judgment
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