Deepak sues two company directors over alleged fraud linked to land deal

(Malaysiakini) – Deepak Jaikishan has filed two lawsuits seeking RM150 million from two company directors each over the duo’s alleged role in a conspiracy that supposedly defrauded him involving three parcels of land near Bukit Raja.

The carpet businessperson, through law firm Messrs Vignesh Kumar & Associates, filed the two writs of summons at the Kuala Lumpur High Court on Sept 9. Two directors of Suntrack Development Sdn Bhd, namely Tan Yook Peng and Tan Kok Kiat, are listed as defendants (one suit targeted Yook Peng, the other targeted Kok Kiat).

Previously in late 2018, Deepak had also filed a RM676 million lawsuit against former premier Najib Abdul Razak, his wife Rosmah Mansor and two companies (Boustead Holdings Bhd and its subsidiary Bakti Wira Sdn Bhd) for alleged conspiracy and exerting undue influence on him over the three parcels of land. However, in July last year, the Kuala Lumpur High Court allowed applications by Najib, Rosmah, and the two companies to strike out Deepak’s lawsuit.

Tort of conspiracy

On Oct 8, the Court of Appeal dismissed the businessperson’s appeal to reinstate the suit against the married couple and the two firms. Deepak is appealing to the Federal Court.

The 180ha piece of land is said to have been the venue of the National Defence Study Centre which was supposed to have been built there in 2007. Najib was then defence minister.

According to copies of the two new suits seen by Malaysiakini, Deepak claimed that Yook Peng and Kok Kiat conspired with Najib, Rosmah, Boustead and Bakti Wira to perpetrate a tort of conspiracy, conspiracy to defraud, tort of conversion, and/or exert undue influence.

Deepak contended that the two defendants are the “controlling mind” of Suntrack Development which held the land parcels as trustee to Astacanggih Sdn Bhd, a company belonging to the plaintiff. The plaintiff claimed that the two defendants, through Suntrack Development, had illegally seized his rights over the land which had been acquired by Astacanggih via the Acquisition Agreement.

Several declarations

Deepak alleged that his rights over the land, which he claimed existed through his majority shareholding, had been forcefully sold to Wira Bakti on the purported direction and/or influence of Najib and/or Rosmah.

The plaintiff claimed that the two defendants had knowledge or should have known about the dispute between him and Bakti Wira and/or Boustead Holdings.

Through the current legal action against Yook Peng and Kok Kiat, the businessperson seeks RM150 million in damages, among other relief. The plaintiff also seeks several declarations, among them that the two defendants, via Suntrack Development, had invalidly and illegally seized his rights on the land bought by Astacanggih.

According to copies of memorandum of appearance filed on Oct 5, lawyers from law firm Messrs YC Pang, Chong & Gordon entered appearance for their clients Yook Peng and Kok Kiat in the legal action.

When contacted by Malaysiakini, lawyer Sim Hui Leng, who is from YC Pang, Chong & Gordon, confirmed that the lawsuit is fixed for case management before the Kuala Lumpur High Court on Oct 14. Malaysiakini is also attempting to reach out to Deepak’s lawyers over the matter.