Published: Monday December 31, 2012 MYT 6:46:00 PM
Updated: Monday December 31, 2012 MYT 6:47:31 PM
Court orders MRCB to pay RM43.9mil to Juranas in damages
By M. MAGESWARI
Judicial Commissioner Rosilah Yop has allowed Juranas's claim and entered a judgment against MRCB for RM43,899,100.
She granted an interest at the rate of five percent per annum from date of the court order from Dec 21 until full settlement.
She awarded costs of RM25,000 to be paid by MRCB to Juranas.
MRCB, which is a leading property and infrastructure developer in Malaysia, however, has file an appeal against the court ruling at the Court of Appeal on Friday.
In its statement of claim, Juranas Sdn Bhd (JSB) contended that on July 8,2002 JSB had entered a judgment in default (JID) against MRCB for RM48,399,100.
This sum arose as a result of work done and services rendered by JSB for MRCB in respect of a forest replantation project in Kelantan.
In 2002, JSB filed a winding up petition to enforce the JID.
By a settlement agreement dated April 30,2003, JSB agreed to withdraw the suit and the winding up petition and in exchange, MRCB agreed to pay JSB RM1mil in two installments, RM3mil by way of transfer of properties and to invite and allow JSB to participate in new tenders up to the aggregate cumulative minimum value of RM175,000,000 for the supply of medical equipment for the Amanjaya and Permai Hospital Projects and road works for MRCB.
The cash sum and transfer of properties were settled but MRCB failed to invite and allow JSB to participate in the stated tenders which was to be done by April 29, 2006.
When contacted, Juranas lawyer Jasvinjit Singh said Monday that JC Rosilah found that by the settlement agreement, MRCB had promised that it was already in a position to issue the hospital tenders but however had failed to honour its promise.
"She further found that MRCB still had road tenders to be called but did not invite JSB to participate in them,'' he said.
Juranas was represented by lawyer Jasvinjit Singh while counsel Wilfred Abraham, T. Kuhendran and Koo Ai Ling acted for MRCB.