Subject : SHAH ALAM HIGH COURT
ORIGINATING SUMMONS NO. 24-2673-2009
PLAINTIFF: MODAL EHSAN SDN BHD
1) PUAN SRI DATIN VIMALA A/P J. GOVINDASAMY
2) HADIAH BINTI ZALANI
3) FESTUS A/L A. CHRIST DHAS
We refer to our announcement dated 24 November 2009.
MTD Capital Bhd wishes to announce that on 8 January 2010, Modal Ehsan Sdn Bhd has
received from its solicitors, the sealed Notice of Appointment to Hear Originating Summons
no. 24-2673-2009 dated 22 December 2009 which was filed in Shah Alam High Court.
The Originating Summons seeks the following:-
(1) A declaration that the Defendants’ claim for a total outstanding sum of RM5,781,010.14
together with interest of RM537,237.97 computed at the rate of 8% per annum from 26
August 2008 to 23 October 2009 (“Disputed Amount”) as stated in the respective Notices
of Demand pursuant to Section 218 of the Companies Act, 1965 dated 23 October 2009
issued to the Plaintiff (“Notices”) is bad in law and/or mala fide and/or abuse of the Court
(2) An order that until the final decision is given under this action, presentation of any
statutory Notices under Section 218 of the Companies Act, 1965, based on the same facts
by the Defendants against the Plaintiff is not allowed;
(3) A declaration that any disputes between the Plaintiff and the Defendants in relation to the
Disputed Amount should be litigated and decided through judgement via civil action.
(4) General damages to be taxed by the Deputy Registrar; and
The Originating Summons has been fixed for appointment before Deputy Registrar on 22
This announcement is dated 8 January 2010.