ENCLOSURE

IN THE HIGH COURT OF MALAYA AT SHAH ALAM

IN THE STATE OF SELANGOR DARUL EHSAN, MALAYSIA

HIGH COURT 3

CIVIL SUIT NO: 22NCVC-51-02/2019

BETWEEN

SAVELITE ENGINEERING SDN BHD

(CO. NO: 553217-T) ...PLAINTIFF

AND

THB RESOURCES SDN BHD

(CO. NO: 214583-G) …DEFENDANT

STATEMENT OF CLAIM

1. The Plaintiff is at the material time a private limited company incorporated under
the Companies Act 1965 and having its registered address at No. 16, Jalan Iks
Bukit Tengah, IKS Bukit Tengah, 40000 Shah Alam, Selangor.

2. The Defendant is a private limited company incorporated under the Companies

Act 1965 and having its registered address at Kompleks Diamond, Lot 303-305,
Jalan Medan Bangi, Bangi Business Park, Selangor, 43650 Bandar Baru Bangi.

3. On 4th April 2017, the Plaintiff and the Defendant entered into an Agreement of
which the Plaintiff was appointed as a subcontractor to the Defendant in the

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 EcoWorld (Setia Alam) project cost RM 460 million (hereinafter referred to as ‘the
Project), namely for:

a) underground electrical works for the Defendant in the Custom,

Immigration, Quarantine, Port Clearance (“CIQP”) and ferry terminal
project on lot PTD 154894; (RM150 million)
b) mechanical and electrical works for the Defendant in the CIQP project;
(RM 80 million)
c) mechanical, electrical and additional works for the Defendant in Tesco
(Shah Alam) project (RM 90 million)
d) mechanical, electrical and additional works for the Defendant in Tesco
(Klang) project (RM 90 million)
e) supply and installation of electrical appliances for the Defendant. (RM
50 million)

4. Pursuant to the terms and conditions of the Agreement, the Defendant was to pay
10% deposit and the remaining balance was to be paid within 3 months after the
Project has been completed. According to the Agreement, the Project is to be
completed by the Plaintiff by 4th April 2018.

5. On 4th April 2018, the project was completed as agreed by the parties. The Plaintiff
sent a Notification Letter of Completion of Works (“the Notification”) dated 5th April
2018 to the Defendant requesting the Defendant to pay the remaining of 90%
within 3 months from the date of Notification.

6. Despite the Notification, the Defendant failed, refused and/or neglected to promptly
and fully pay the remaining payment to the Plaintiff. The Plaintiff also tried to
contact the Defendant to request for the balance purchase price after the expiry of
3 months but failed.

7. Due to the breach, the Plaintiff served several Notices of Demand (“the Demand”)
dated 5th August 2018, 5th September 2018 and 5th October 2018 through its

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 solicitors demanding the Defendant to pay within one month from the date of the
said Demand to pay the outstanding amount of RM 414 million.

8. Despite the Demand, the Defendant still failed, refused and/or neglected to
promptly and fully pay the remaining payment to the Plaintiff.

9. The sum of RM 414 million remains outstanding together with all the continuing
interest, costs and charges due and payable.

10. The Plaintiff engaged a private investigation firm, Investigative Alliance Groupon
15th October 2018, to investigate the assets of the Defendant in Malaysia. It was
found that 2 bank accounts amounting RM 20,000,000.00 within the jurisdiction
owed by the Defendant are still active.

11. For the past few months from April to July 2018, cash was cashed out by the
Defendant’s director and shareholders. It was also revealed that even a family
member who has no connection with the Defendant company had also cashed out
the money from the Defendant’s bank account. The Defendant now has only RM
10,500,467.00 in the bank accounts.

12. It was reported that these transactions were made by the Defendant for no cogent
reasons.

13. Based on the above, the Plaintiff prays/claims for this Honourable Court:-
a) The outstanding amount of RM 414 million as at 5th October 2018;
b) Interest at the rate of 5% per annum from the date of judgment until full and
final settlement;
c) Cost of actions and
d) Such further or other relief as this Honourable Court thinks fit and just.

Dated

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 ……………………………….
Messrs. Afiqah Aisyfad & Co
Solicitors for the Plaintiff

This STATEMENT OF CLAIM is filed by Messrs Afiqah Aisyfad & Co, Solicitors for the
Plaintiff whose registered address at Level 4, Room C, Suite 1, Academic Building 2,
Faculty of Law, Universiti Teknologi MARA, 40450 Shah Alam, Selangor.
(Ref. No.: AAAC/SE/SOC/2019)

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