Businessman sues to recover RM1.6mil ‘friendly loan’ to lawyer
Lawyer Haniff Khatri Abdulla concedes that businessman Ilyas Pakeer Mohamed had given him a loan but disputes the amount and mode of repayment.
KUALA LUMPUR: A businessman has filed a suit in the High Court here to recover a friendly loan of RM1.673 million from a prominent lawyer.
Ilyas Pakeer Mohamed wants Haniff Khatri Abdulla to pay interest and damages, and is seeking other relief deemed fit by the court.
However, in his defence filed last month, Haniff has denied liability for the sum of RM1.673 million as claimed. He conceded that Ilyas had provided him a loan but disputed the amount and mode of repayment.
In his statement of claim filed by Messrs Shukor Baljit & Partners last October, Ilyas alleged that Haniff had met him in 2019 and sought a friendly loan for business and personal reasons.
Ilyas said he agreed to provide an interest-free loan provided it was repaid in two instalments on July 31 and Dec 31, 2020.
He said Haniff issued him two post-dated cheques for the amount which were to be cashed on the two dates.
Ilyas also claimed Haniff postponed the payments but promised to settle the loan at a later date.
“However, until today, he has failed or refused to pay despite repeated demands,” he said.
He said Haniff had control over the loan proceeds and his refusal to pay amounted to unjust enrichment.
In his defence, Haniff said Ilyas had joined and assisted him “aggressively” in a bid to bring about a change in the government in 2014.
He said Ilyas had sacrificed time, resources and money to see the fall of the Barisan Nasional government in the 14th general election held in May 2018.
He said his legal practice had been badly affected as some of his clients withdrew work from him and he had to resort to borrowing to carry on with his practice.
Haniff was at one time a lawyer for former prime minister Dr Mahathir Mohamad, who went on to lead the Pakatan Harapan administration between May 2018 and February 2020.
Haniff said that at a meeting after the election, Ilyas expressed a desire to help him by whatever means necessary, including financially.
He said Ilyas agreed to give him an interest-free loan so he would not be further financially impacted.
He said he only obtained RM650,000 from Ilyas and not RM1.673 million.
Haniff said the issuance of a cheque for RM1.589 million on July 31, 2020 and another for RM75,000 on Dec 31 that year was not an admission that he had received the sum claimed.
He also said the remaining sum of RM75,000 was unconnected to the friendly loan, with further details to be revealed later.
He contends that Illyas’ claim is against public policy and the Moneylenders Act 1951.
The matter has been fixed for case management before a judge on Feb 13.
KUALA LUMPUR: A businessman has filed a suit in the High Court here to recover a friendly loan of RM1.673 million from a prominent lawyer.
Ilyas Pakeer Mohamed wants Haniff Khatri Abdulla to pay interest and damages, and is seeking other relief deemed fit by the court.
However, in his defence filed last month, Haniff has denied liability for the sum of RM1.673 million as claimed. He conceded that Ilyas had provided him a loan but disputed the amount and mode of repayment.
In his statement of claim filed by Messrs Shukor Baljit & Partners last October, Ilyas alleged that Haniff had met him in 2019 and sought a friendly loan for business and personal reasons.
Ilyas said he agreed to provide an interest-free loan provided it was repaid in two instalments on July 31 and Dec 31, 2020.
He said Haniff issued him two post-dated cheques for the amount which were to be cashed on the two dates.
Ilyas also claimed Haniff postponed the payments but promised to settle the loan at a later date.
“However, until today, he has failed or refused to pay despite repeated demands,” he said.
He said Haniff had control over the loan proceeds and his refusal to pay amounted to unjust enrichment.
In his defence, Haniff said Ilyas had joined and assisted him “aggressively” in a bid to bring about a change in the government in 2014.
He said Ilyas had sacrificed time, resources and money to see the fall of the Barisan Nasional government in the 14th general election held in May 2018.
He said his legal practice had been badly affected as some of his clients withdrew work from him and he had to resort to borrowing to carry on with his practice.
Haniff was at one time a lawyer for former prime minister Dr Mahathir Mohamad, who went on to lead the Pakatan Harapan administration between May 2018 and February 2020.
Haniff said that at a meeting after the election, Ilyas expressed a desire to help him by whatever means necessary, including financially.
He said Ilyas agreed to give him an interest-free loan so he would not be further financially impacted.
He said he only obtained RM650,000 from Ilyas and not RM1.673 million.
Haniff said the issuance of a cheque for RM1.589 million on July 31, 2020 and another for RM75,000 on Dec 31 that year was not an admission that he had received the sum claimed.
He also said the remaining sum of RM75,000 was unconnected to the friendly loan, with further details to be revealed later.
He contends that Illyas’ claim is against public policy and the Moneylenders Act 1951.
The matter has been fixed for case management before a judge on Feb 13.
What an embarrasement for Haniff.
ReplyDeleteAnd interestingly Haniff insists the issuance of the cheques is not proof he (Haniff) received the money. Haniff should then explain the purpose of the cheques.
And now Haniff is also using the Moneylenders' Act against the creditor.
Haniff comes off as a very unprincipled debtor.