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Lawyer David Mathews, representing Najib and Rosmah, said the application to strike out the suit would be filed at the High Court before Jan 7.
Mathews said his clients filed their defence against Deepak’s suit today and the judge set Jan 14 for case management.
Deepak’s lawyer Irzan Iswat Mohd Nor told reporters that two other defendants named in the suit, Boustead Holdings Bhd and its subsidiary, Bakti Wira Development Sdn Bhd, had filed their applications to strike out the suit.
The two companies were represented by lawyer Kenny Chan.
In his suit filed on Oct 12, Deepak said he had suffered losses due to conspiracy, fraud and undue influence by the defendants.
He said that as a director and majority shareholder of Astacanggih Sdn. Bhd, he had signed a land deal with the director and majority shareholder of Awan Megah (M) Sdn. Bhd, Raja Ropiaah Raja Abdullah, over three pieces of land, involving 181.9 hectares in Mukim Kapar, Klang and Mukim Bukit Raja, in the Petaling district.
Deepak claimed that a deposit payment of RM13 million had been made by Astacanggih to Awan Megah and a land bond for RM72.5 million from Kuwait Finance House (M) Bhd was submitted to the Malaysian government.
However, he claimed Awan Megah refused to produce the original land titles for transfer to Astacanggih.
Deepak said that as a result of the conspiracy and interference from Najib and Rosmah, he was forced to sell 80% (16 million units) of his shares in Astacanggih to Boustead Holdings through Bakti Wira Development.
He is seeking RM600 million in general damages, RM50 million in exemplary damages and RM26 million in aggravated damages.
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