MUHAMMAD ALI KHAN 1. BIZACCELL SOLUTIONS SDB BHD 2. SYED MASROOR HUSSAIN SHAH 3. QURAT UL AIN MASROOR 4. ASIF AHMED

MUHAMMAD ALI KHAN 1. BIZACCELL SOLUTIONS SDB BHD 2. SYED MASROOR HUSSAIN SHAH 3. QURAT UL AIN MASROOR 4. ASIF AHMED

The Sessions Court dismissed the defendants' strike‑out application because the pleadings and contemporaneous documents disclosed bona fide triable issues: the plaintiff pleaded repayment of a recognised loan of RM164,649 supported by a financial assessment and handed cheques which were dishonoured giving an...

Source-derived case information.

Citation
A53-6-03-2021 (Mahkamah Sesyen)
Parties
Plaintiff: Muhammad Ali Khan; First Defendant: Bizaccell Solutions Sdn Bhd; Second Defendant: Syed Masroor Hussain Shah; Third Defendant: Qurat Ul Ain Masroor; Fourth Defendant: Asif Ahmed
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
12 August 2021
Case Number
A53-6-03-2021 (Mahkamah Sesyen)
Procedural Posture
Civil Contractual Dispute, Dishonoured Cheques and Company/share Issues / Decision on Defendants' Application to Strike Out Writ and Statement of Claim in Sessions Court; Dismissal of Application; Appeal Filed to High Court
Outcome
Defendants' application to strike out the writ and statement of claim dismissed.
Legal Topics
Dishonoured Cheque, Breach of Contract, Fraudulent Misrepresentation, Piercing Corporate Veil, Share Valuation, Strike Out Application, Jurisdiction of Sessions Court, Minority Oppression (distinguished)
Contract Company Law Bills of Exchange/cheque Law Civil Procedure Tort Deceit/fraud Dishonoured Cheque Breach of Contract Fraudulent Misrepresentation +5 more

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Parties

Muhammad Ali Khan

Plaintiff

Bizaccell Solutions Sdn Bhd

First Defendant

Syed Masroor Hussain Shah

Second Defendant

Qurat Ul Ain Masroor

Third Defendant

Asif Ahmed

Fourth Defendant

Procedural Posture

Civil Contractual Dispute, Dishonoured Cheques and Company/share Issues / Decision on Defendants' Application to Strike Out Writ and Statement of Claim in Sessions Court; Dismissal of Application; Appeal Filed to High Court

Legal Issues

  1. 1 Whether the plaintiff's claim is sustainable or should be struck out summarily
  2. 2 Whether the cheques delivered functioned as a guarantee and give rise to an immediate cause of action on dishonour
  3. 3 Whether the claim is a share reduction/company law matter outside Sessions Court jurisdiction

Ratio Decidendi

The Sessions Court dismissed the defendants' strike‑out application because the pleadings and contemporaneous documents disclosed bona fide triable issues: the plaintiff pleaded repayment of a recognised loan of RM164,649 supported by a financial assessment and handed cheques which were dishonoured giving an immediate cause of action under the Bills of Exchange Act; allegations of fraud and misrepresentation cannot be resolved on strike out and require trial; the claim is contractual for repayment not a share reduction matter, and the Sessions Court therefore has jurisdiction.

Court Disposition

Defendants' application to strike out the writ and statement of claim dismissed.

Orders

  • Decision dated 28 September 2021 by Judge Ishak bin Bakri, Sessions Court Shah Alam