KUALA LUMPUR: Dhaya Maju LTAT Sdn Bhd today failed to get a court order to stop the government and the Keretapi Tanah Melayu Berhad (KTMB) from instructing the company to stop work on the Klang Valley Double Tracking Phase 2 (KVDT2) project.
This follows the decision of High Court Judge Datuk Lim Chong Fong, who rejected Dhaya Maju LTAT’s injunction application on the matter.
Senior Federal Counsel Asliza Ali said Judge Lim dismissed the application on the grounds that under Section 29 of the Government Proceedings Act 1956 (Act 356), the law prevents courts from issuing injunctions against the government and civil servants to prevent them from performing official duties.
Asliza, who represented the government and Transport Minister Datuk Seri Dr Wee Ka Siong, said this when contacted by reporters after the virtual proceedings today, which was also attended by lawyer Sean Yeow Huang Meng representing KTMB, lawyer Denise Choo representing Opus Consultants (M) Sdn Bhd and lawyer Khoo Guan Huat representing Dhaya Maju LTAT.
On Oct 27 last year, Dhaya Maju LTAT had filed a suit against the government, Wee, KTMB and Opus Consultants over the termination of the company’s contract in the KVDT2 project.
In its statement of claims, Dhaya Maju LTAT, among others, claimed that until now, the official notice of termination had not been served on the company and it was completely unaware of the termination until it was announced by Wee in a media statement.
Apart from damages, Dhaya Maju LTAT, a joint venture firm belonging Dhaya Maju Infrastructure (Asia) Sdn Bhd and Lembaga Tabung Angkatan Tentera (LTAT) incorporated on June 5, 2017, under the Companies Act 2016, sought a declaration that the decision to terminate the contract was null and void.
The dispute arose after Finance Minister Tengku Datuk Seri Zafrul Abdul Aziz released a list of 101 projects worth RM6.61 billion awarded through direct negotiations during the Pakatan Harapan administration, and this included the KVDT2 project worth RM4.475 billion given to Dhaya Maju LTAT. — Bernama