KUALA LUMPUR (Feb 20): The High Court has set April 4 to deliver its decision on whether to grant an extension of time in one of Berjaya Group and Naza Group’s joint venture (JV) Cekap Urus Sdn Bhd, in their case over the termination of a vehicle fleet project by the government.

Judge Datuk Ahmad Kamal Md Shahid set the date on Tuesday, following submissions from parties over a technicality which the JV claims was unintentional. 

The JV’s application revolved around a technicality in which it had not filed a notice informing respondents  — the Finance Ministry (MOF), the government and Spanco Sdn Bhd —  of the judicial review hearing as stipulated by the law.

Per the law, Cekap Urus should file a notice of hearing for judicial review in Form 110 within two weeks of the date leave was granted on Aug 24, but it failed to do so. It is now seeking an extension of time to do so.

Cekap Urus, who was represented by lawyer Gopal Sreenivasan during Tuesday’s hearing, contended that it was an unintentional mistake, given that all other cause papers were filed and served on all respondents on Sept 6, within the stipulated period.

He argued that this would in no way prejudice the respondents, as the hearing dates for the judicial review has yet to be set.

Federal counsel Mohammad Sallehuddin Md Ali, representing the MOF and the government, said that their position was to leave it to the court’s  discretion to decide on the matter.

Spanco, however, represented by counsel Razlan Hadri Zulkifli, objected to the application, stressing that although he appreciated the applicant’s candidness and took no pleasure in objecting, they had to adhere to the law.

He also added that should the court rule against the applicant, that would also spell the end of the judicial review application.

Cekap Urus is 51% owned by Berjaya, 29% owned by Naza Corp Holdings Sdn Bhd, and 20% owned by Tunku Tun Aminah Sultan Ibrahim Ismail.

The company filed the application on April 20 through Messrs Pierre Chuah and Associates, in which it sought leave for a declaration that the MOF and government’s decision to cancel or terminate the letter of intent (LOI) for the supply and management of the government vehicle fleet awarded to Cekap Urus via a letter dated Dec 11, 2019 is invalid, null and void, and has no effect.

It also sought a declaration that the government and the ministry’s decision to award Spanco the fleet project through direct negotiation is invalid, null and void, and has no effect.

Besides this, Cekap Urus is seeking a certiorari order to quash the government and ministry’s decision on Jan 25 this year in dismissing Cekap Urus’ appeal against the decision to terminate the LOI.

It is also seeking a mandamus order to compel the government and the MOF to carry out the necessary action in the letter awarded to Cekap Urus on Dec 11, 2019.

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