PETALING JAYA: The High Court has allowed Najib Razak and his wife Rosmah Mansor’s applications to strike out a RM52.6 million suit filed by businessman Deepak Jaikishan, his brother Rajesh and their company Radiant Splendour Sdn Bhd.

Three others named as defendants – former Bank Rakyat chairman and Najib’s former principal private secretary Shukry Mohd Salleh, former Tabung Haji chairman Abdul Azeez Abdul Rahim, and Najib’s brother Johari Razak – have also had the suits against them annulled.

Judge Azimah Omar said the suit filed in September 2018 is “obviously unsustainable.”

Najib and Rosmah’s lawyer David Mathews said the court also ordered the plaintiffs to pay damages of RM10,000 each to the five defendants.

Johari was reprsented by Dhinesh Bhasuaran, Azeez by Prem Ramachandran, Ng Ying Ci appeared for Shukry, while Nasbal Harun represented the three plaintiffs.

Deepak, Rajesh and Radiant Splendour sought general damages on grounds that the defendants had directly and indirectly conspired to damage their business.

They said that in July 2008, they were forced to take up a Bank Rakyat loan worth RM198.9 million as a proxy on behalf of Najib and Rosmah, with their master title for 80 condominium units named Palazzio Tower B as collateral to ensure due repayment.

In 2013, the plaintiffs said they entered into a settlement agreement with the bank under the instructions of Najib, Rosmah and Shukry following failure to service the debt.

The default resulted in Johari and his firm being appointed to sell the condo units at a loss the following year, they said.

The plaintiffs said on June 30, 2016, another agreement was entered between the bank and one of the plaintiffs, following a proposal by Najib and Rosmah, which was conveyed by Azeez in Shukry’s office then.

The agreement included a RM22 million payment to the plaintiffs.

However, the payment was allegedly held back after Deepak had threatened to testify in a a suit filed by the widow of P Balasubramaniam, A Santamil Selvi and her three children.

Before his death, Balasubramaniam, a private investigator, had fled the country, soon after a statutory declaration over the murder of Mongolian model Altantuya Shaariibuu in 2006.