KUALA LUMPUR  (Aug 23) : Tenaga Nasional Bhd (KL:TENAGA) had on Thursday afternoon obtained a summary judgment of RM1.005 million, against Cenmal Commercial Sdn Bhd - a subsidiary of Country Heights Venture Sdn Bhd and Mines Cruise Sdn Bhd.

Founder and adviser of Country Heights Holdings Berhad (KL:CHHB) Tan Sri Lee Kim Yew and his wife Puan Sri Tan Bee Hong hold shares in Country Heights Venture and Mines Cruise, according to Companies Commission data.

The summary judgment was granted by Judicial Commissioner Gan Techiong following the hearing on Thursday.

This follows an application by TNB that was filed on June 19 this year to seek the sum that was owed to the national utility company since Oct 18, 2023.

Besides granting the summary judgment, Gan also granted a 5% interest to the sum until the settlement of the whole amount.

“There is no triable issue and the application for summary judgment is allowed with a cost of RM5,000,” Gan said in his brief judgment.

A summary judgment can be entered by the court, without going to a full trial, should the court be satisfied that the defendant has no case to answer for. It is said to be an efficient way of disposing of a case.

TNB filed the suit against Cenmal Commercial, which owns a hotel in Sungai Besi known as Capital O Unicorn Hotel (previously Nouvelle Hotel) in October last year seeking the arrears in payment.

An affidavit in support of the summary judgment under Order 14 of Rules of Court 2012, by TNB KL’s litigation manager, Norsyazwani Abdullah, who affirmed that the national utility company had yet to receive the sum.

She said that Cenmal has a business address at The Mines Resort city in Seri Kembangan in a company search and found that it is a subsidiary of Country Heights Ventures and Mines Cruise.

Norsyazwani said in May 2023, Cenmal had owed TNB RM695,070.85 and a notice of demand was sent to the company that same month over the amount owed through TNB’s solicitors from Messrs Azmi & Co.

“However, to date, TNB has yet to receive the sum. The amount owed is now RM1,005,620.10,” she said in the affidavit in support, adding that the amount owed was from August 2022.

Norsyazwani said a consent judgment was arrived and recorded by the court between the parties on May 2022, to a sum owed of RM472,451.03 where the defendant agreed to pay RM50,000 and before June 15, 2022, and subsequently monthly payments of RM34,205.25 from July 2022 till July 2023.

She said that while the company had paid the amount as required but it had failed to pay the bill charged after that resulting in the action to be taken.

TNB was represented by Wafiy Azman and Marina Tiwol while Cenmal was represented by the firm of Messrs Au & Partners.

Wafiy when contacted by The Edge confirmed Thursday’s court outcome.

https://www.theedgemarkets.com/node/723969