KUALA LUMPUR – Harakahdaily’s former printer N.A.J Press Resources (M) Sdn Bhd has applied to strike out an appeal against a summary judgement for the payment of debts by PAS, its secretary-general Datuk Seri Takiyuddin Hassan, as well as publisher Galeri Media Serbanika Sdn Bhd.
In court documents filed at the high court here on January 10, N.A.J. Press Resources director Nur Fatimatuzzahra Nor Azlan said the trio’s appeal is humiliating, frivolous, vexatious and an abuse of the court process.
Her application also states that the notice of appeal, which was handed to her on December 28 the same year, is defective, incomplete and handed to her out of time, beyond the 14 days from the sessions court’s decision on December 5 on the summary judgement requiring the trio to pay RM656,233.69 they owed her.
PAS, Takiyuddin and Galeri Media Serbanika’s appeal was filed on December 14 and their notice of appeal should have been handed to her solicitors by December 19, Nur Fatimatuzzahra claimed in her application.
However, lawyer Mohd Faizi Che Abu, who is representing the trio, has said in a reply to Nur Fatimatuzzahra that the delay in handing over the notice of appeal was an “honest mistake” with no intention to insult the court.
“The mistake does not humiliate, belittle or become an inconvenience to any party, especially the respondent.
“The respondent and her solicitors have received the notice without any objection. In fact, between December 28 to January 10, when her application was filed, there was no objection raised from the solicitor regarding the matter.
“The burden now lies with the respondent to prove that the submission of the notice of appeal (to her) is a material and fatal error.
“The nine days delay in submitting the notice of appeal did not prejudice any party in this proceeding, especially the respondent, as its main objective is to inform the respondent that an appeal has been filed,” Mohd Faizi said in the trio’s reply filed on January 31.
The three are also seeking the court’s dismissal of N.A.J Press Resources’ application with costs.
Mohd Faizi confirmed to Scoop today that the next case management date is on April 4.
On December 5 last year, the sessions court had allowed Nor Fatimatuzzahra’s application to enter a summary judgement against PAS, Takiyuddin and Galeri Media Serbanika to RM656,233.69 of its debt.
Sessions court judge Lailatul Zuraida Harron @ Harun also ordered the trio to pay RM3,000 in costs to N.A.J Press Resources (M) Sdn Bhd on the same day.
A summary judgement is obtained when a court makes a decision based on written statements without going to trial or calling witnesses.
The company had filed an application to enter a summary judgement against the trio on October 2 the same year, when the printing company claimed that the three defendants had agreed to appoint N.A.J Press Resources (M) Sdn Bhd as their newspaper printer but failed to pay the balance of debt amounting to RM656,233.69 for printing works. – February 2, 2024