BROKEN INTO: Kadar’s house in Shah Alam

The legal firm of J.S. Pillay & Mohd Haaziq confirmed yesterday that the application was filed Tuesday.

The firm said the writ is to recover RM468,000. In response to queries from Malay Mail, the firm issued the chronology of events in a statement. It read.

"The plaintiff lent the defendant RM1 million as a friendly loan but when he requested for repayment, the defendant failed to do so.

"The plaintiff then engaged a firm of solicitors to initiate a claim for the RM1 million and upon discussion between both parties, a compromise was reached whereby the plaintiff agreed to accept a lesser sum
of RM700,000 as full and final settlement.

"The first cheque given by the defendant to the plaintiff for RM200,000 cleared.

"However, the defendant gave notice of his intention to stop payment of the second cheque for the sum of RM500,000.

"The defendant in turn was put on notice that in the event the cheque for the sum of RM500,000 does not clear, then the plaintiff will proceed with legal action to recover the entire sum of RM1 million.

"The second cheque did not clear.

"The plaintiff then filed a claim for the balance sum of RM800,000 - RM1 million less RM200,000.

"The Plaintiff commenced summary proceedings and successfully obtained summary judgment for the sum
of RM500,000 on October 5, 2000.

"One of the terms of the order of court on the same day was that the issue of the sum of RM300,000 was to be decided after full trial.

"The matter then proceeded to trial for the balance of RM300,000.

"Based on the summary judgment, the plaintiff commenced execution by applying for a Writ of Seizure and Sale on October 20, 2000 for a sum of RM501,753.44 calculated as at October 20, 2000.

"The Writ was executed and finally the defendant paid the said sum to the plaintiff.

"The trial then proceeded at the High Court for the sum of RM300,000 and again the plaintiff was successful.

"The defendant then appealed to the Court of Appeal on July 4, 2002.

He then filed an application for a stay of the High Court Order on July 8, 2002 and it was a precondition of the plaintiff's solicitors, not objecting to the stay, that the defendant deposit the judgment sum of RM300,000 into court.

"As ordered, he deposited the RM300,000 into court.

"The Court of Appeal upon hearing submissions of counsel for both parties unanimously dismissed the defendant's appeal and ordered the sum of RM300,000 to be paid to the plaintiff.

"The defendant then filed an application for stay of execution on April 30, 2009 but is was also unanimously dismissed by the Court of Appeal on May 14, 2009.

"The defendant subsequently filed an application for leave to appeal to the Federal Court.

The application is yet to be heard.

"The judgment sum of RM300,000 is still outstanding and the plaintiff is now exercising his legal right to
enforce the judgment and we hereby confirm that an application for a Writ of Seizure and Sale has been filed at the Johor Baru High Court on the June 30, 2009.

"This is to recover a sum of RM468,057.00 which is inclusive of interest at the rate of 8% per annum from July 1, 2002 until June 30, 2009.

"The plaintiff views the silence and inaction on the part of the defendant as an indication of his unwillingness
to sincerely settle the judgment sum."

I have not gone missing — Umno chief

KADAR: In Los Angeles

In a statement to Malay Mail, Kadar Shah, who is now in Los Angeles, explained why he has not returned to assist police with investigations into the robbery-gang rape at his Shah Alam bungalow on June 21.

In his statement, Kadar Shah said: “With regard to the statement that I was sought by the police to assist in the investigations into the robbery- gang rape at my residence, I am totally confused over the statement.

“My personal assistant together with my office in Shah Alam have been in contact with the police and given our full cooperation to them. We have been in constant contact with the police and I do not know why the police require my presence to conduct the investigation. My personal assistant and my office are there to provide all information necessary.”

He said he was abroad on business when the robberygang rape occurred.

“These engagements had been scheduled wel l in advance. Every year, I will be away from the country for at least three to four months to attend to my affairs overseas. These overseas commitments that need my attention are planned well in advance, at least six months to a year, and involve parties from different countries.

“It is therefore near to impossible to reschedule them. So there is no such thing that I am ‘missing’.”

Kadar Shah said Tuesday’s Malay Mail report insinuated that he was not credit worthy and intentionally left the country to avoid police investigation, payment of debts and issues relating to the Kelantan royalty.

Selangor police chief DCP Datuk Khalid Abu Bakar had said then that police were baffled why Kadar Shah had
not returned to assist with investigations.

Parang-wielding robbers broke into the bungalow and Kadar Shah’s maid claimed she was gang-raped during
the robbery.

But there were inconsistencies in her police statement and she was under remand for five days.

Police are unable to ascertain what was taken during the robbery.

It’s an investment, not a loan, he says

IT was an investment, not a loan, says Datuk Kadar Shah in response to an order by the High Court to pay an individual RM500,000.

He said in his statement: “The judgment was for a refund of an investment sum of RM300,000 pursuant to a business engagement that did not turn out to be the way it should have been.

“In fact, I had deposited with the High Court a sum of RM300,000 in 2002 for the settlement of any judgment that may be pronounced against me in the said matter.

“It is up to the individual to now withdraw the same from the court to satisfy the judgment.

“And I want to stress that at no time had I refused and/or ignored the court order.”

He said the matter has not been settled “as it is still under an appeal to the Federal Court.”

“In any event, I have instructed my lawyers to immediately file an application for an injunction to stay the individual from wrongfully and illegally executing the judgment against me pending their withdrawal of the
money paid into court.”

Kadar issued the statement following a Malay Mail report on Tuesday that a KL legal firm was about to execute a writ of seizure and sale on his bungalow in Shah Alam.

Police still want  to talk to him

WHILE he’s not considered a suspect, police are waiting for Umno Muar division chief Datuk Kadar Shah
Sulaiman Ninam Shah to return to Malaysia to assist in investigations into the robbery at his bungalow.

Police said Kadar is needed as he has information they require.

“We need to know the  amount of losses and the items that went missing in the robbery. He is the owner and it’s normal to call him in,” said a senior police officer.

On June 21, Kadar’s bungalow was broken into while he was away in Jakarta. His maid also claimed she was raped by parangwielding men who broke into the bungalow in Shah Alam.

Police have not ruled out the possibility the maid could have aided the robbers.