MATERIAL LITIGATION IN THE MATTER OF ADJUDICATION BETWEEN ZELAN CONSTRUCTION SDN BHD AND BBCC DEVELOPMENT SDN BHD IN THE ASIAN INTERNATIONAL ARBITRATION CENTRE (AIAC) FORMERLY KNOWN AS KUALA LUMPUR REGIONAL CENTRE FOR ARBITRATION (KLRCA) ZELAN BERHAD
Type Announcement Subject MATERIAL LITIGATION Description IN THE MATTER OF ADJUDICATION BETWEEN ZELAN CONSTRUCTION SDN BHD AND BBCC DEVELOPMENT SDN BHD IN THE ASIAN INTERNATIONAL ARBITRATION CENTRE (AIAC) FORMERLY KNOWN AS KUALA LUMPUR REGIONAL CENTRE FOR ARBITRATION (KLRCA) Reference is made to the announcement on 28 March 2019 in relation to the adjudication proceedings under Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) initiated by a wholly owned subsidiary of Zelan Berhad (“Company”), Zelan Construction Sdn Bhd (“ZCSB”) against BBCC Development Sdn Bhd (“BBCC”) pursuant to work done and outstanding payment due relating to the main construction works for a project known as Cadangan Pembangunan Sementara 4 Tingkat Pejabat Jualan, Rumah Contoh Dan 1 Tingkat Sub-Basemen Di Atas Sebahagian Lot PT143, Seksyen 56, Jalan Hang Tuah/Jalan Pudu, Dalam Bandaraya Kuala Lumpur.
The Company would like to announce that ZCSB has on 29 August 2019, received the adjudication decision dated 28 August 2019 (“Adjudication Decision”) where the Adjudicator has determined as follows:
(a) BBCC shall pay to ZCSB the sum of RM2,058,173.96 (“Adjudicated Sum”);
(b) ZCSB shall be entitled to interest payment of 6.9% per annum on the Adjudicated Sum from the due date under Adjudication Decision until the date full payment is made; and
(c) Parties shall bear their own costs and expenses in this adjudication proceedings.
The Company is in the process of seeking advice from its solicitors on the enforcement of the Adjudication Decision with the purpose of recovering the Adjudicated Sum.
The Board of Directors of the Company wishes to announce that the Company had on 12 December 2019 received a notice in writing dated 12 December 2019 from Messrs. Afrizan Tarmili Khairul Azhar ("AFTAAS") on their resignation as Auditors of the Company.
The resignation of AFTAAS is due to the sanction imposed by the Securities Commission Malaysia's Audit Oversight Board prohibiting AFTAAS from accepting clients and auditing public interest entities or schedule funds for twelve (12) months.
Pursuant to Section 281(2) of the Companies Act 2016, AFTAAS's term of office shall end after twenty-one (21) days from 12 December 2019.
Save for the above, the Board is not aware of any matters that required to be brought to the attention of the shareholders of the Company.
Further announcement will be made by the Company on the appointment of a replacement Auditors in due course.
MATERIAL LITIGATION IN THE MATTER OF JOHOR BAHRU HIGH COURT SUIT NO. JA-22NCVC-137-06/2017 AND SUIT NO. JA-22NCVC-139-06/2017 BETWEEN PEMBINAAN YENG TONG SDN. BHD. AS PLAINTIFF AND ZELAN CONSTRUCTION SDN.BHD. AS DEFENDANT ZELAN BERHAD
MATERIAL LITIGATION Description IN THE MATTER OF JOHOR BAHRU HIGH COURT SUIT NO. JA-22NCVC-137-06/2017 AND SUIT NO. JA-22NCVC-139-06/2017 BETWEEN PEMBINAAN YENG TONG SDN. BHD. AS PLAINTIFF AND ZELAN CONSTRUCTION SDN.BHD. AS DEFENDANT Zelan Berhad would like to announce that its wholly owned subsidiary, Zelan Construction Sdn Bhd (“ZCSB”) was informed by its solicitors that on 19 January 2020, the High Court in Johor Bahru has delivered its decision relating to the legal suits filed by Pembinaan Yeng Tong Sdn Bhd as Plaintiff against ZCSB as follows:-
a) that the Plaintiff’s claim via Johor Bahru High Court Suit No. JA-22NCVC-137-06/2017 for the sum of RM2,276,931.68 is dismissed with cost of RM10,000.00;
b) that the Plaintiff’s claim via Johor Bahru High Court Suit No. JA-22NCVC-139-06/2017 for the sum of RM2,626,311.27 is dismissed with cost of RM10,000.00; and
c) that ZCSB’s counterclaim is allowed with losses and damages to be assessed by the High Court.
The Company will make further announcement on any material development on this matter from time to time.
MATERIAL LITIGATION IN THE MATTER AT COURT OF APPEAL PUTRAJAYA, APPEAL NO. J-02 (NCVC)(W)-276-02/2020 AND APPEAL NO. J-02(NCVC)(W)-266-02/2020 BY PEMBINAAN YENG TONG SDN. BHD AS APPELLANT AND ZELAN CONSTRUCTION SDN.BHD AS RESPONDENT
Subject MATERIAL LITIGATION Description IN THE MATTER AT COURT OF APPEAL PUTRAJAYA, APPEAL NO. J-02 (NCVC)(W)-276-02/2020 AND APPEAL NO. J-02(NCVC)(W)-266-02/2020 BY PEMBINAAN YENG TONG SDN. BHD AS APPELLANT AND ZELAN CONSTRUCTION SDN.BHD AS RESPONDENT Further to its announcement dated 4 February 2020 in relation to legal suits filed by Pembinaan Yeng Tong Sdn Bhd (‘PYT’) against Zelan Berhad’s (“Company”) wholly owned subsidiary, Zelan Construction Sdn Bhd (“ZCSB”), ZCSB has been informed by its solicitors on 10 March 2020 that PYT has filed it’s Notices of Appeal for both suits at Johor Bahru High Court Suit No. JA-22NCVC-137-06/2017 and Suit No. JA-22NCVC-139-06/2017 and both cases have now been fixed for first case management on 6 April 2020.
The Company will make further announcement on any material development in respect of this matter from time to time.
ZELAN BHD AUDIT REPORT - MODIFIED OPINION / MATERIAL UNCERTAINTY RELATED TO GOING
CONCERN AUDIT REPORT - MODIFIED OPINION / MATERIAL UNCERTAINTY RELATED TO GOING CONCERN UNQUALIFIED OPINION WITH MATERIAL UNCERTAINTY RELATED TO GOING CONCERN IN ZELANBERHAD AUDITED FINANCIAL STATEMENTS FOR THE FINANCIAL YEAR ENDED 31 DECEMBER 2019
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1:11PM ZELAN 1H net profit 5.161 million (increased 622.83%) 2283 ZELAN ZELAN BHD Quarterly rpt on consolidated results for the financial period ended 30/06/2020 Quarter: 2nd Quarter Financial Year End: 31/12/2020 Report Status: Unaudited Submitted By:
Current Year Quarter Preceding Year Corresponding Quarter Current Year to Date Preceding Year Corresponding Period 30/06/2020 30/06/2019 30/06/2020 30/06/2019 RM '000 RM '000 RM '000 RM '000 1 Revenue 9,320 19,967 22,434 56,409 2 Profit/Loss Before Tax 2,737 2,910 5,880 1,820 3 Profit/Loss After Tax and Minority Interest 2,584 2,209 5,156 708 4 Net Profit/Loss For The Period 2,628 2,216 5,161 714 5 Basic Earnings/Loss Per Shares (sen) 0.31 0.26 0.61 0.08 6 Dividend Per Share (sen) 0.00 0.00 0.00 0.00 As At End of Current Quarter As At Preceding Financial Year End 7 Net Assets Per Share (RM) 0.0500 0.0600
Remarks: You are advised to read the entire contents of the announcement or attachment. To read the entire contents of the announcement or attachment, please access the Bursa website at http://www.bursamalaysia.com
) In relation to Note 3(i) of the Audited Financial Statements for the Financial Year Ended 31 December 2019, relating to the International Chamber of Commerce (“ICC”) arbitration proceeding filed by Zelan Holdings (M) Sdn Bhd (“ZHSB”) against the project owner in Abu Dhabi on 14 July 2020, the Abu Dhabi Commercial Court of Appeal (“ADCCA”) rejected the project owner’s Grievance Application. On 23 July 2020, ZHSB filed the execution application at the Execution Court. Subsequently, on 19 August 2020, the project owner filed an appeal of its Grievance Application to Cassation Court.
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In this way they differ from systems which have a supreme court which can rule on both the facts of a case and the relevant law. The term derives from the Latin cassare, "to reverse/overturn".
This book is the result of the author's many years of experience and observation throughout his 26 years in the stockbroking industry. It was written for general public to learn to invest based on facts and not on fantasies or hearsay....
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Posted by mbbx6sm3 > 2020-08-27 23:46 | Report Abuse
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