SHAHRIL Shamsuddin has objected to being removed from his position as MySJ Sdn Bhd director in relation to a dispute over the shareholder agreement over the ownership of the MySejahtera app, Free Malaysia Today reports.
Shahril said that he was appointed as a director of MySJ on December 6, 2021 in accordance with the company’s resolution.
In his affidavit, Shahril denied that Hasrat Budi Sdn Bhd (another shareholder) has grounds to remove him as director.
“As the plaintiff’s (Hasrat Budi director Heah Kok Boon) affidavit is concerned, I am advised by my counsel and believe that my appointment as director of MySJ is valid and proper, and done with the agreement of the plaintiff.
“I deny that Hasrat Budi is entitled to the relief sought in the originating summons to remove me as MySJ director,” he said in his affidavit.
On February 24, Hasrat Budi had filed an originating summons against Entomo Malaysia Sdn Bhd, Revolusi Asia Sdn Bhd, MySJ Sdn Bhd and three individuals in relation to a dispute over the shareholder agreement.
The suit had named Entomo Malaysia, Revolusi Asia Sdn Bhd (RA), the principal person in the two companies, R. Raveenderen, MySJ directors, Anuar Rozhan and Shahril, and MySJ as the first to sixth defendants.
Entomo Malaysia is a company that used its software, KPISoft Software, to develop the MySejahtera app on the basis of corporate social responsibility.
Based on the originating summons, the company is seeking a declaration pursuant to Clause 7.1.1 of the shareholder agreement between the plaintiff and Entomo Malaysia, RA and Raveenderen dated August 27, 2021 that the board of directors of MySJ shall comprise Raveenderen, an independent director satisfying the Listing Requirements of Bursa Malaysia Securities Bhd and a representative from Hasrat Budi.
The plaintiff is seeking the removal of Anuar and Shahril as directors of MySJ and the appointment of Raveenderen as director of the company.
Hasrat Budi is also seeking a declaration that the meetings of the board of directors of MySJ called for February 22 and adjourned to February 25 this year, as invalid.
The application was made on the grounds that, according to the share sale agreement dated August 27, 2021, Hasrat Budi had completed the purchase of 10% of the issued and paid-up share capital in MySJ with the right to complete the purchase of another 10%, subject to fulfilment of previous conditions.
The company claimed that on the same day, the parties and Raveenderen entered into a shareholder agreement to regulate their relationship, among others, as shareholders of MySJ.
According to FMT, Hasrat Budi is seeking the removal of Anuar as MySJ director and to appoint Raveenderen as a director of MySJ.
Raveenderen said that he had filed an affidavit to support Anuar to be retained as a director.
“I aver that this afterthought is merely an attempt on the part of Hasrat Budi to justify their attempt to resile from its original position in accepting Anuar as a director.
“Until the filing of this action, the plaintiff had never challenged Anuar’s position as director and hence, they are in no position to now insist for Anuar to be removed,” he said.
The High Court will hear Hasrat Budi’s application to remove Shahril and Anuar on June 9. – April 6, 2022.
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