
A three-man bench of the Federal Court, led by Court of Appeal president Rohana Yusuf, unanimously dismissed their application for leave to appeal against a decision by the Court of Appeal in rejecting their appeal to reinstate the suit and three other related suits against other parties.
Rohana, who sat with Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim and Federal Court judge Rhodzariah Bujang, said the court found no flaws or errors in the decisions of the Court of Appeal and the High Court, which merited the appellate court’s intervention.
Deepak was represented by counsel Malik Imtiaz Sarwar, counsel David Matthews represented Najib and Rosmah, while counsel Robert Lazar acted for Bakti Wira Development Sdn Bhd and Boustead Holdings Berhad.
On April 29, this year, the Court of Appeal dismissed the appeal by Deepak, J Rajesh, and Radiant Splendor Sdn Bhd to reinstate the suit against Najib, Rosmah, former Tabung Haji chairman Abdul Azeez Abdul Rahim, Najib’s brother Ahmad Johari Abdul Razak and Najib’s former principal private secretary Shukry Mohd Salleh.
The suit, which was filed in September 2018, was struck out by the High Court on Jan 13, 2020.
Deepak, Rajesh and Radiant Splendor filed the suit claiming that the defendants had committed tort of conspiracy, fraud, malfeasance, and abuse of process, and sought general damages.
Deepak also filed a suit against Bakti Wira Development Sdn Bhd, Najib, Rosmah and Boustead Holdings Berhad over a land deal that he alleged caused huge losses to his company.
He also filed two suits against Cebur Megah Development Sdn Bhd.
On Oct 8 last year, the Court of Appeal affirmed the striking-out of the three suits.