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Logging company seeks Mandamus against Pahang MB

KUANTAN, 15 Oct 2008: A logging company, Seruan Gemilang Makmur Sdn Bhd, today filed for a mandamus order in the High Court here against the Menteri Besar of Pahang to compel the Pahang government to pay damages of RM60 million to it.

The company, through the law firm Peter Lai Rajoo & Aiza, in its affidavit for the mandamus order claimed it had sent a demand notice for the money and interest accrued on 27 Aug, but it had been ignored.

On 17 Sept, the Federal Court had upheld a decision by the Kuantan High Court on 25 May 2007, which ordered the government of Pahang to pay the company the sum for breach of contract pertaining to a logging concession in Mukim Bebar in the Pekan district.

Seruan Gemilang in Dec 2002 had filed a suit in the Kuantan High Court against the Pahang government and state forestry director for breach of a logging concession contract allowing it to fell timber on a 10,000-acre area (4,000 hectares) in Mukim Bebar.

The company claimed that a third party was allowed to intrude into 3,000 acres of the area for logging activities and sued for damages totalling RM60 million.

The Pahang government, which is headed by the Menteri Besar, appealed the High Court decision right up the Federal Court, the pinnacle court in the country, but lost.

Mandamus is a judicial remedy, which is in the form of an order from a superior court to any government, subordinate court, corporation or public authority, to do or refrain from doing some specific act which that body is obliged under law to do or refrain from doing. — Bernama


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