ENCLOSURE

IN THE HIGH COURT OF MALAYA AT SHAH ALAM

IN THE STATE OF SELANGOR DARUL EHSAN
(CIVIL DIVISION)
CIVIL SUIT NO: WA-22NCC-127-04 OF 2019

BETWEEN

NEPTUNE AVIATION LTD

(COMPANY NO: 117677-A) …PLAINTIFF

AND

SHEIKH SALLEH SHEIKH ABOD

(NRIC NO: 700115-10-5123) …1st DEFENDANT

AIRBUS SDN BHD

(COMPANY NO: 26512-C) …2nd DEFENDANT

STATEMENT OF CLAIM

1. The Plaintiff is a company incorporated in Malaysia under the Companies Act 2016
having its registered address at Lot 10, Malaysia International Aerospace Centre,
Helicopter Centre, 21-1, Jalan Dinar D U3/D, Seksyen 43, Taman Subang Perdana, 40150
Shah Alam, Selangor.

2. The 1st Defendant is a Malaysian citizen of sound mind and full age, with address for
service at No. 22, Jalan Selasih U12/26B, Taman Cahaya Alam, Seksyen U12, 40170
Shah Alam, Selangor.

3. The 2nd Defendant is a company incorporated in Malaysia under the Companies Act 2016
having its registered address at 67, Jalan Keluli 15/16, Seksyen 15, 40200 Shah Alam,
Selangor.
4. The 1st Defendant was a director of the Plaintiff until 29 January 2018 and a director of
the 2nd Defendant.

5. The Plaintiff is the legal owner of an aircraft known as Boeing 737-400 aircraft bearing
manufacturer’s serial number MSN 26452, 9M-MMX (hereinafter referred as “9M-
MMX”) who owns all of the aircraft’s continuing airworthiness records, log books, weigh
schedule, manuals, maintenance reports, technical data and all other documents
especially the Manuals and Technical Records (defined as “Aircraft Documentation)
relating to the aircraft together with any documents to release any encumbrance on the
aircraft.

6. 9M-MMX was in the process of re-registering in the Plaintiff’s name.

7. On 4 April 2017, the Plaintiff has sold the Aircraft 9M-MMX to a third party buyer
known as Nazeem Air (hereinafter referred as “the Buyer”) where the Plaintiff is obliged
to deliver the aircraft together with the Aircraft Documentation to the buyer upon receipt
of full purchase price.

8. The Buyer has required the Plaintiff to deliver the aircraft on or by 2 June 2018 (subject
to payment of full purchase price) failing which the Plaintiff would be imposed penalty of
USD50,000.00 per day.

9. On 24 January 2018, the 1st Defendant together with representatives and employees of the
2nd Defendant took and removed the Aircraft Documentation together with the Plaintiff’s
Books, Records and Accounts (hereinafter referred as “Listed Items”) from the Plaintiff’s
premises.

10. The Aircraft Documentation and the Listed Items are suspected to be kept at the 2nd
Defendant’s premises.
11. The 1st Defendant, being the Plaintiff’s director, only has the right to inspect Plaintiff’s
documents but not to remove them from the Plaintiff’s premises.

12. Based on the above, the Plaintiff seeks from the Honourable Court for an order against
the Defendants to search and preserve the:

a) Aircraft Documentation
b) Listed Items

13. Therefore, the Plaintiff prays from this Honourable Court for:

a) General Damages to be assessed by the Court;

b) Interest at the rate of 5% per annum on the sum awarded by the Court from the
date of cause of action to the date of payment or realization;

c) An Anton Piller order for the Plaintiff or his representatives to enter the
Defendants’ premises in order to obtain the Aircraft Documentation and the Listed
Items;

d) An interim injunction against the Defendants to compel the return of the Aircraft
Documentation and the Listed Items in the scenario where the Anton Piller order
is executed and the subject documents cannot be found;

e) A restraining order to restrain the Defendants from using, destroying, parting with
possession, converting the Aircraft Documentation and the Listed Items, unlawful
interfering with the Plaintiff’s trade and business pending the disposal of the
action;
f) Liberty to the Plaintiff to use the Aircraft Documentation and the Listed Items for
the purpose of these proceedings and with the leave of the court in any other
proceedings against the Defendants;
 g) The Defendants to bear all costs of this action; and

h) Such further or other relief as this Honourable Court may deem fit and proper
based on the circumstances of the case.

Dated this 4th day of April 2019

.........................................
Solicitor for the Plaintiff

This STATEMENT OF CLAIM is filed by Messrs Ainaa Hasinah & Co, whose registered
address is at D-4, AL 529, Academic Building 2, Faculty of Law, Universiti Teknologi MARA,
40450 Shah Alam, Selangor Darul Ehsan, Solicitors for the Plaintiff.
(Ref No: AHC/F4/AP/NAL/2019)