The Board of Directors of Caely have confirmed that they received an Originating Summons filed in the Shah Alam High Court from Datin Fong Nyok Yoon.
Datin Fong who is the Executive Director has named 7 defendants in her OS, including Lim Chee Pang – 1st Defendant, Lim Say Leong – 2nd Defendant, Beh Hong Shien – 3rd Defendant, Dato’ Wira Ng Chun Hau – 4th Defendant, Noor Azri Bin Dato’ Sri Noor Azerai – 5th Defendant (resigned), Datuk Seri Mazlan Bin Lazim – 6th Defendant (resigned) and Caely Holdings Bhd as the 7th Defendant
Contents of the Originating Summons are for the 1st to 6th Defendants to be prohibited from allotting and issuing new ordinary shares in the 7th Defendant through a private placement exercise or in any manner whatsoever pursuant to the resolution passed at Caely’s Annual General Meeting held on 22 September 2021 (“General Mandate”) and if any new ordinary share is allotted and issued, such new ordinary share be cancelled.
To further or alternatively, the power to allot and issue new ordinary share pursuant to the General Mandate shall only be exercisable provided that prior approval by way of resolution validly passed at a meeting of members of Caely has been obtained;
the resolution appointing the 5th Defendant as a director of Caely on 23 March 2022 be cancelled;
the resolution appointing the 6th Defendant as a director of Caely on 29 March 2022 be cancelled;
the resolution re-designating the Plaintiff from Executive Director to Non-Independent Non-Executive Director of Caely be cancelled;
Tha the special notices issued by the 4th Defendant for and on behalf of Caely to the directors of Classita (M) Sdn Bhd, Caely Development Sdn Bhd and Marway Industries (M) Sdn Bhd and all dated 5 April 2022 to convene Extraordinary General Meeting (“EGM”) be cancelled;
To further or alternatively, such order as this Honourable Court thinks fit under Section 346(2) of the Companies Act 2016 with the vie of bringing to an end or remedying the matters complained of herein;
And that costs of this application and all other consequential and incidental costs be paid by 1st to 6th Defendants jointly and severally to the Plaintiff; and that interest at the rate of 5% per annum on the costs awarded from the date of awards of costs until full payment of costs including any further or other relief that the Court may think just and expedient.
The board at Caely are seeking legal advice to reply to this latest situation.
