26 November 2007
| Type | Announcement |
| Subject | WRIT OF SUMMONS SERVED ON TM GROUP KUALA LUMPUR HIGH COURT (COMMERCIAL DIVISION) CIVIL SUIT NO. D6- 22 - 1568– 2007 MOHD SHUAIB ISHAK V TELEKOM MALAYSIA BERHAD ("TM") GROUP & 11 OTHERS |
| Contents | TM wishes to announce that TM and its wholly-owned subsidiaries, Celcom (Malaysia) Berhad (“Celcom”) and Telekom Enterprise Sdn Bhd (“TESB”) (collectively referred as “TM Group”) had on 26 November 2007 been served with a Writ of Summons and Statement of Claim in respect of a suit filed by Encik Mohd Shuaib Ishak (“MSI”) in the Kuala Lumpur High Court. MSI seeks against TM Group and 11 others including the former and existing directors of TM Group jointly and/or severally:- 1) A Declaration that the Sale and Purchase Agreement dated 28 October 2002 between Celcom and TM (or Telekom Enterprise Sdn Bhd (“TESB”)) for the Acquisition by Celcom of the shares in TM Cellular Sdn Bhd, and all matters undertaken thereunder including but not limited to the issuance of shares by Celcom are illegal and void and of no effect; 2) A Declaration that all purchases of shares in Celcom made by TESB and/or TM and/or parties acting in concert with them with effect from and including the date of the Notice of the Mandatory Offer dated 3 April 2002 issued by Commerce International Merchant Bankers Berhad are illegal and void and of no effect; 3) All necessary and fit orders and directions as may be required to give effect to the aforesaid Declarations as this Honorable Court thinks fit including but not limited to directions for the rescission of all transfers of shares of Celcom made after the Notice of Mandatory Offer for shares in Celcom dated 3 April 2003; 4) That TM by itself, its servants and agents be restrained from giving effect to or executing any of the proposals set out in the Announcement by the Board of Directors of TM to the Bursa Malaysia dated 28 September 2007 relating to the proposed de-merger of the mobile and fixed-line Businesses of the TM Group. 5) General Damages to be assessed; 6) Damages for Conspiracy to be assessed; 7) Damages for Fraud to be assessed; 8) Damages for Fraudulent and/or Negligent Misrepresentation to be assessed; 9) Damages for Breach of Statutory Duty to be assessed; 10) Aggravated and Exemplary Damages for Conspiracy to be assessed; 11) Punitive Damages; 12) All necessary and fit orders and directions as may be required to give effect to the aforesaid Declarations and Orders and/or as this Honorable Court thinks fit; 13) Interest; 14) Costs; and 15) Such further and/or other relief as this Honorable Court deems fit and just to grant in the circumstances. TM Group is to enter an appearance, through its solicitors, within eight (8) days from the date of service of the Writ of Summons and Statement of Claim. TM Group is in the midst of taking legal advice from its solicitors with regard to the suit and will instruct its solicitors to vigorously defend the same. |
| Company Name | TELEKOM MALAYSIA BERHAD |
| Stock Name | TM |
| Date Announced | 26 Nov 2007 |
| Category | General Announcement |
| Reference No | TM-071126-67044 |