Another Injunction Bid Filed In Kvdt2 Project Suit

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A contractor has filed another application for an interim injunction in a suit to prevent the termination of the Klang Valley Double Tracking Phase 2 (KVDT2) rail project.
Through its solicitors Messrs Zul Rafique & Partners, Dhaya Maju LTAT Sdn Bhd filed the Erinford injunction application at the Kuala Lumpur High Court Registry on Monday this week.
On Sept 18, it was reported that the Kuala Lumpur High Court dismissed the company’s bid for an interim injunction against the government and Transport Minister Wee Ka Siong, who are the first and second listed defendants in the related main suit. 
On that day (Sept 18), it was reported that Dhaya Maju would be filing an appeal over the dismissal of the bid for the interim injunction, which had sought to maintain the status quo between parties pending disposal of the main suit against the two defendants.ction for interim postponement of a legal matter, pending the hearing of a related appeal.
The company filed the suit against the two defendants to prevent the current Perikatan Nasional administration from cancelling the rail project. 
According to cause papers sighted by Malaysiakini this afternoon, plaintiff Dhaya Maju filed the notice of appeal on Monday.
The cause papers also included the company’s notice of application for the Erinford injunction, which stated that it seeks to prevent the cancellation of the rail project, pending disposal of the appeal at the Court of Appeal.
“An Erinford injunction is necessary to maintain the status quo pending the full and final disposal of the plaintiff’s appeal vide notice of appeal dated Sept 21, 2020.
“If an Erinford injunction is not granted, the first and/or the second defendant will cancel and/or terminate the contract as evident in the press release dated Aug 28, 2020, issued by the second defendant.
“This forms the subject matter of the plaintiff’s appeal, thus rendering the appeal, if successful, to be nugatory and academic,” the notice of application claimed among others.
On Aug 28 via a media statement, Wee (photo) reportedly said that the government will reopen the KVDT2 project tender. 



According to the notice of application for the Erinford injunction, it is set to be heard before the Kuala Lumpur High Court at 3pm tomorrow afternoon.
Checks on the online cause list showed that the application is set for hearing before Kuala Lumpur High Court judge Aliza Sulaiman at 3pm tomorrow.
Malaysiakini is in the midst of reaching out to the plaintiff’s legal representatives over the matter.
Previously, Malaysiakini reported that the company filed the main suit against the government and Wee on Sept 7. 
Among others, the writ of summons sought a declaration that “there exists a valid and binding contract between the plaintiff and the first defendant by way of the "Surat Setuju Terima" dated Aug 19, 2019 (the contract)”.
The plaintiff seeks a declaration that “any termination or cancellation of the contract by the first and/or the second defendant will be invalid, unlawful and wrongful”, among others.
On Aug 31, Dhaya Maju LTAT reportedly said that the PN government had no basis to terminate the existing contract for the project. 
The project came into the spotlight after Finance Minister Tengku Zafrul Abdul Aziz revealed details of the 101 contracts that were purportedly awarded through a direct negotiation process during the time Pakatan Harapan was in power. 
KVDT2 was the largest in terms of value on the list. - Mkini

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