Wednesday, November 3, 2010
In the suit filed at the Civil High Court registry last Aug 5, Low Choong Yen, 59, and Lim Bee Geok, 52, named Nouvelle Beauty the defendant.
The writ of the summons was obtained by the media through a file search at the court registry Wednesday.
The writ of summons was filed 25 days before Sosilawati, 47, and three others - her driver, Kamaruddin Shamsudin, 44, CIMB bank officer Noorhisham Mohammad, 38, and lawyer Ahmad Kamil Abdul Karim, 32, were believed killed at Lot 2001, Jalan Tanjung Layang, Tanjung Sepat, Banting.
The case came up for case management before High Court deputy registry Hilmiah Yusof Wednesday.
Lawyer S.H.Tang, who represented the plaintiffs, were at the court. However, no lawyer representing Nouvelle Beauty was present.
The court fixed Dec 1 to hear the plaintiffs' application for a judgment in default against Nouvelle Beauty because the company failed to file a reply within 14 days of it being served the summons.
It will be heard by justice Datin Zabariah Mohd Yusof.
In the writ of summons, Low and Lim claimed that according to an offer latter which had been agreed and signed by Nouvelle Beauty last April 2, the company had agreed to sell a piece of land, covering 144.9 sq metre, together with a four-storey office building built at the site, to them for RM3 million.
Low and Lim claimed that they had paid the earnest deposit of RM60,000 when signing the offer letter for the purchase of the property, and the remaining deposit of RM240,000 to be paid at the signing of the sale and purchase agreement.
The balance payment of RM2,700,000 was to be paid within 90 days of the signing of the sale and purchase agreement, they claimed.
They claimed that the terms and conditions in the draft of the sale and purchase agreement had been agreed and finalised by both parties on April 22, 2010.
They claimed that a month after the sale and purchase agreement was signed, Nouvelle Beauty , through a letter dated April 30, 2010, informed that the company had no intention of proceeding with the sale and purchase because it had to wait for six to 12 months to change the ownership transfer of the property to a non-bumiputera and to receive the full payment for the property.
Low and Lim claimed that they, through a letter dated May 3, informed Nouvelle Beauty that it was bound by the terms and conditions in the sale and purchase agreement which they had both agreed to.
They claimed that on May 25, 2010, Nouvelle Beauty returned the sale and purchase agreement, the letter of ownership transfer, application form for permission to change ownership and their cheque, for RM240,000, to them.
However, Nouvelle Beauty failed to return the RM60,000 which they had paid in as earnest deposit, they said.
Low and Lim are seeking a declaration that there was a valid agreement between them and Nouvelle Beauty on the sale and purchase of the said property and for the company to proceed with the transaction, as well as an injunction to stop the company from disposing of the property to others.
They are seeking damages for breach of agreement, interests, cost and other relief which the court deems fit.
Wednesday, October 27, 2010
SHAH ALAM: One of two youths sentenced to seven years' jail after pleading guilty to disposal of evidence in the murders of cosmetics millionaire Datuk Sosilawati Lawiya and three others, has filed an appeal against his conviction and sentence.
Nineteen-year-old K. Saravanan's appeal was made via law firm Messrs A. S. Dhaliwal at the Shah Alam High Court Criminal registry here Tuesday.
On Oct 15, the former mechanic and V. Suresh, 26, received the jail sentence from the magistrate's court in Teluk Datuk.
In the notice of appeal, Saravanan said he was dissatisfied with the decision of the magistrate, Hurman Hussain.
Saravanan and Suresh were each charged with seven counts of disposing of evidence, under Section 201 of the Penal Code.
Hurman sentenced them to seven years' jail on each count to be served concurrently, from the date of their arrest on Sept 9, this year.
They were among eight people detained by police between Sept 9 and 12, in connection with the disappearance of Sosilawati and three others on Aug 30, this year.
Saravanan was charged with disposing the evidence by burning the remains of Sosilawati, 47, CIMB bank officer Noorhisham Mohammad, 38, lawyer Ahmad Kamil Abdul Karim, 32, and Sosilawati's driver, Kamaruddin Shamsuddin, 44.
The bodies of the four victims were burnt at Lot No 2001, Jalan Tanjung Layang, Tanjung Sepat, Banting, between 8.30pm and 9.45pm on Aug 30.
Suresh was charged with disposing of evidence by throwing the ashes of the four bodies at Sungai Panchau, Jalan Morib Banting, between 8am and 10am on Aug 31, this year.
On Oct 13, lawyer N. Patmanabhan and three farm workers, T. Thilaiyalagan, 19, R. Matan, 20, and R. Khatavarayan, 30, were charged at the same court with murdering Sosilawati, Noorhisham, Ahmad Kamil and Kamaruddin.
The court set Dec 16 for mention of the murder case, pending the chemistry and other relevant reports.
Counsel Avtar Singh Dhaliwal said no date was set by the High Court to hear the matter, adding that he had filed the appeal on the instruction of Saravanan's family. - Bernama
Saturday, October 23, 2010
ERNI Dekritawati Yuliana Buhari is on a mission to share what she has learned from her entrepreneur mother Datuk Sosilawati Lawiya.
“My mother once advised me to share my knowledge,” said the eldest daughter of the 47-year-old cosmetics tycoon who disappeared under mysterious circumstances on Aug 30.
Thursday, October 21, 2010
Erni Dekritawati Bukhari, 25, affectionately called Rita, has been appointed a member of the movement's entrepreneur development and economy strengthening bureau.
Her membership form was handed over to Puteri chief Datuk Rosnah Abdul Rashid Shirlin at the 2010 Puteri Umno General Assembly held at the Putra World Trade Centre here.
Speaking to reporters after handing over the form, Rita said friends had encouraged her to join the movement to continue her late mother's legacy.
"I feel that I can help women entrepreneurs to move forward and practise the knowledge my mother shared with others.
"This is a way for me to appreciate my mother's work in helping single mothers and disabled women, which is much easier as she had already set a platform for me," she said. Rita then attended a Puteri Umno debate session for 10 minutes at the Dewan Tun Dr Ismail.
Sosilawati, 47, her chauffeuar Kamaruddin Shamsuddin, 44, CIMB bank officer Noorhisham Mohammad, 38, and personal lawyer Ahmad Kamil Abd Karim, 32, were reported missing since Aug 30 after they were said to have gone to Banting to conclude a land deal.
On Sept 12, police confirmed the four were beaten to death before their bodies were burnt and the ashes thrown into a river near Ladang Gadong, Banting.
Wednesday, October 20, 2010
By Stephanie Sta Maria
UPDATED KUALA LUMPUR: The second wife of “murdered” Indian tycoon A Muthuraja has returned to Malaysia to pressure both the police and government to hasten investigations into her husband's case.
The memorandum was received by the Second Secretary Consular, Subhash Ramakrishna Pillai.
Usharani will also be handing over new evidence to the Kuala Langat police either later today or tomorrow. The evidence comprises photographs and documents that she had shown to the team of Bukit Aman officers who interrogated her in Chennai last week.
The photographs include that of Muthuraja and former lawyer N Pathmanabhan, who was recently charged with the murder of cosmetics tycoon Sosilawati Lawiya and three others.
The documents relate to a land deal in Kuala Langat in which Muthuraja was involved with Pathmanabhan before his disappearance in January this year.
According to Kapar MP S Manikavasagam, who accompanied Usharani to the high commission, the police had instructed her to submit this evidence in Malaysia.
“Why couldn't they have taken it with them when they left Chennai?” he asked. “Now she has to come all the way to Malaysia for this.”
According to him, the document held proof that one of the lawyer brothers suspected in Sosilawati's murder, was indirectly involved in the land deal. However, he declined to elaborate, saying that he didn't know the details.
Police too slow
Manikavasagam also called on the police to issue an official statement on Muthuraja's status.
"They say he's dead but they have shown no evidence nor have they officially informed Usharani of this," he said. “The Inspector-General of Police (Ismail Omar) should at least release a statement on whether Muthuraja is dead or alive. Usharani can take it from there.”
Manikavasagam said last month that he would leave the case to Usharani's lawyers after Selangor chief police officer Khalid Abu Bakar warned him not to interfere in police investigations.
When reminded of this, he retorted, “The police are moving too slowly! Pathmanabhan has only been charged with Sosilawati's murder but there are other cases involving him. The police should be playing a role here, not the MPs. I am only here to help her.”
Manikavasagam also questioned why the link between Sementa assemblyman Abdul Rahman Palil and at least one of the suspects in Sosilawati's murder was being overlooked.
“Abdul Rahman was a director in the same company as one of the suspects,” he said. “And one Mohd Firdaus Palil is also listed as a director. Why are they not being investigated?”
This is Usharani's third trip to Malaysia following her husband's disappearance. She will be here until the end of the week.
KUALA LUMPUR: Two brothers, including one charged with the murder of cosmetics millionaire Datuk Sosilawati Lawiya, cannot practise law in Peninsular Malaysia.
The brothers – N. Pathmanabhan and N. Surendren – lost in their bid at the High Court here to overturn the decision by the Advocates & Solicitors Disciplinary Board which struck both their names from the Roll of Advocates and Solicitors of the High Court of Malaya last November.
Yesterday, High Court (Appellate and Special Powers) judge Justice Mohd Zawawi Salleh dismissed the appeal by the two brothers against the disciplinary board’s decision with costs.
The judge also dismissed a stay granted by another High Court on Dec 24 last year against the disciplinary board’s decision.
Justice Mohd Zawawi ordered the two brothers to pay RM5,000 in costs to the Bar Council and another RM5,000 in costs to respondent, businessman M. Rajeanteran.
The judge made his ruling after hearing submissions by the disciplinary board’s lawyer Biliwi Singh, Bar Council lawyer Robert Lau and Rajeanteran’s lawyer, T. Rajasekaran. The brothers were represented by T. Gunaseelan.
“The judge agreed that the order of the disciplinary board should stand as there is no merit in the appeal,” Biliwi said.
Lau said the brothers cannot practice law as an advocate and solicitor in Peninsular Malaysia.
In Sept 18 last year, the disciplinary committee found the two guilty of misconduct. In Nov 5 last year, disciplinary board chairman Tan Sri Khalid Ahmad Sulaiman ordered that the brothers be struck off the Roll.
Pathmanabhan was called to the Bar on Nov 4, 1999 and Surendren on Dec 10, 1999.
In court documents, it was stated that the brothers had misrepresented themselves as solicitors practising in a law firm under the name and guise of Messrs Mohana & Co in Banting. The brothers had proposed that Rajeanteran buy a house in Banting.
The brothers denied that they had executed the Sales and Purchase (S&P) Agreement on Dec 14, 1998. However, handwriting forensic expert, Lim Yok Chaw confirmed that the signature in the S&P belonged to Pathmanabhan while Surendren had signed a receipt acknowledging payment from the respondent.