Ex Harakah Printer Files To Quash Pas Appeal Against Rm656k Award

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Harakah’s former printer is seeking a High Court order to quash PAS’ appeal against a summary judgment linked to an RM656,000 debt as the party failed to serve its papers in time.
However, the opposition party contended that the defect due to clerical error is not fatal to the appeal notice and the High Court should just proceed with the appeal proper.
Printer NAJ Press Resources (M) Sdn Bhd filed the striking-out application at the Kuala Lumpur High Court on Jan 10 this year.
On Dec 5 last year, the Kuala Lumpur Sessions Court allowed NAJ Press Resources’ bid for summary judgment (decision without a full trial) and ordered PAS and two others to pay RM656,233.69 to the printer. The party filed the appeal on Dec 14.
When reached out by Malaysiakini, PAS' counsel Mohd Faizi Che Abu confirmed the filings by both appellants and respondents.
According to a copy of the striking-out application filed on Jan 10, NAJ Press Resources claimed that PAS’ appeal was defective as the party failed to serve the papers to the printer within 14 days of the Sessions Court verdict.
In an affidavit, the respondent alleged that they were only served copies of the appeal notice by PAS on Dec 28, which exceeded the 14-day limit required by the Rules of Court 2012.
NAJ Press Resources claimed that the law requires PAS and the two other appellants - party secretary-general Takiyuddin Hassan and Harakah publisher Galeri Media Serbanika Sdn Bhd - to serve copies of the appeal on the respondent by Dec 19.
The respondent contended that the service of the appeal was improper, defective, and made out of time as required by law.
‘No malicious intent in delay’
However, in an affidavit in response filed on Jan 31, PAS and the two other appellants countered that the service was not fatal to the appeal as it was due to clerical error with no malicious intent to commit contempt of court.
PAS and the other two appellants contended that NAJ Press Resources received the appeal notice on Dec 28 without any objection.
They reminded that the printer was not prejudiced as the objective of the appeal notice was to notify the respondent about the said appeal and prevent any element of surprise in the matter.
The appellants also noted that they have also filed a separate application for an extension of time for the service of the appeal notice.
In August 2019, Malaysiakini reported the debt saga involving Harakah and two of its printers at the time - Angkatan Edaran Enterprise Sdn Bhd and NAJ Press Resources.
Angkatan Edaran had been declared bankrupt. However, the same management established NAJ Press Resources as a replacement and continued to print Harakah then.
Law firm Putra Taulan & Faiq Azizan acted for NAJ Press Resources. - Mkini

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