High Court dismisses Mahmud Abu Bekir Taib’s objection against Cahya Mata injunction, citing lack of proper notice

KUCHING, May 22 — The High Court here has dismissed Dato Sri Mahmud Abu Bekir Taib’s preliminary objection against an ex parte injunction obtained by Cahya Mata Sarawak Berhad (Cahya Mata) and nine other parties.

In its ruling, Judge Datuk Faridz Gohim Abdullah noted that Bekir, a company director, failed to provide proper and timely notice of the objection, as it was only served on the hearing date, rendering it procedurally defective and unsustainable.

“No supporting affidavit or affidavit in opposition was filed. Instead, the defendant merely sought to challenge the injunction through written submissions,” he said during proceedings on Wednesday.

The court ordered Bekir to file and serve his affidavit in opposition on or before June 8, while Cahya Mata is to file and serve its affidavit in reply, if any, on or before June 29.

Written submissions are to be filed and exchanged on or before July 13, while written submissions in reply are to be filed and exchanged on or before July 27.

The court also fixed Aug 18 at 9am for hearing.

Meanwhile, the court granted an ad interim injunction pending the disposal of the inter partes hearing.

Cahya Mata and the nine other parties filed the suit against Bekir, primarily objecting to his attempt to file a leave application for a derivative action as a shareholder of the company.

The company also obtained an ex parte injunction restraining Bekir from further pursuing the derivative action.

Cahya Mata was represented by counsel Alvin Chong, while Bekir was represented by counsel Satinder Singh Sandhu. — The Borneo Post