The Kuala Lumpur High Court has set Oct 23 to make its decision on applications by Najib Abdul Razak and four others to strike out businessperson Deepak Jaikishan's RM52.6 million civil suit.
According to lawyer David Matthews, who is representing Najib and his wife Rosmah Mansor, the date was set by judge Azimah Omar after hearing oral submissions.
The plaintiffs in the suit are Deepak, his brother Rajesh, and their company Radiant Splendour Sdn Bhd.
Besides Najib and Rosmah, the other defendants are his brother Ahmad Johari Razak, former Tabung Haji chairperson Abdul Azeez Abdul Rahim and Bank Rakyat chairperson Shukry Mohd Salleh.
According to Deepak's lawyer Mohamed Haniff Khatri Abdulla, the defendants provided several reasons why the civil suit should be thrown out.
They argued that Deepak's claims are incomplete and unjustified, and contain unspecified clauses.
"However, we have asked the court to look at the suit as a whole, because cases like this cannot be looked into through one or two clauses separately," he said.
"The court will announce its decision this Oct 23, so we wait for the decision."
Deepak is claiming losses under the torts of conspiracy, fraud, malfeasance and abuse of process, all of which they accuse Najib and Rosmah of being responsible for.
Deepak, Rajesh and Radiant Splendour were allegedly forced to take out an RM198 million Bank Rakyat loan on behalf of Najib and Rosmah.
The plaintiffs' master title for 80 condominium units in Kuala Lumpur was used as the deed of assignment for the 2008 deal.
In return, they were appointed as Najib and Rosmah's proxies for Menara Angkasaraya and Bukit Raja land deals worth RM2 billion.
However, on April 19, 2013, the plaintiffs entered into a settlement agreement with Bank Rakyat following failure to service the loan.
The plaintiffs claimed that due to the default, Johari and his firm were appointed to sell the condominium units at a loss in 2014.
It was further claimed that the plaintiffs were pressured by Najib and Rosmah over a suit filed against them by A Santamil Selvi, the widow of private investigator P Balasubramaniam.
