KUALA LUMPUR: Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim, who is suing Bank Islam Malaysia Berhad (BIMB) for wrongful sale of his shares in Guthrie Berhad, wants the bank to disclose all the documents pertaining to the case before the trial in the High Court commences on May 4.Justice Datuk Rohana Yusuf set April 6 to hear Abdul Khalid’s application for the discovery of all the documents which he claimed were in the bank’s possession.
The hearing of the main suit was originally set for four days beginning March 16 but was adjourned to April 6 and 7 due to the application.
She fixed the date after meeting Abdul Khalid’s counsel, M Thomas Philip, and the bank’s counsel Tommy Thomas when the case came up for mention yesterday.
On Aug 21, 2009, Abdul Khalid was ordered by the court to pay RM66.67 million to BIMB for an Islamic loan which he had taken to buy shares in Guthrie in 2001, when he was its chief executive officer, after the court allowed the bank’s application for a summary judgment.
The Court of Appeal on March 3 granted his appeal to set aside the summary judgment and sent the case back to the High Court after ruling that the issues in the case must be ventilated at full trial.
Abdul Khalid initiated the suit against the bank on May 18, 2007, claiming that there was a wrongful sale of his shares in Guthrie under an Al-Bai Bithaman Ajil (BBA) loan facility dated April 30, 2001.
He is seeking a declaration that there was a collateral contract between him and the bank relating to the BBA loan facility.
Abdul Khalid, who was CEO of Guthrie from 1995 to 2003, is also seeking damages from BIMB, claiming that the bank had sold his shares in Guthrie.
BIMB filed a counter suit to recover the amount of RM66.67 million on May 24, 2007, claiming that the BBA agreement had been breached following Abdul Khalid’s failure to repay the loan. — Bernama