KUALA LUMPUR, Nov 17 — Case management on the status of mediation process on damages amounting to RM345,305, to be paid by a textile supplier company, D’Haja (Malaysia) Sdn Bhd to celebrity couple Awal Ashaari and his wife Scha Al-Yahya in the High Court here, has been set for Dec 23.
Lawyer Azlan Abdul Razak, who is representing the couple, said that today’s date, originally slated for hearing of the case, had been vacated following the implementation of the Conditional Movement Control Order (CMCO) in all states in the Peninsula except Perlis, Kelantan and Pahang for four weeks until Dec 6.
“Due to CMCO, all proceedings have been postponed. Case management has been set for Dec 23 (for mediation process status) before Judicial Commissioner Datuk Seri Latifah Mohd Tahar,” he said via Whatsapp.
On Sept 8, the High Court proposed that the parties involved resolve the amount of compensation amicably through mediation without going through the appeal process.
If the parties fail to reach a settlement, the court had set today to hear D’Haja’s appeal to set aside the decision of the Sessions Court here, made on March 27, 2019.
On April 3, 2019, D’Haja had filed an appeal to set aside the decision by the Sessions Court here which ruled in favour of Awal, whose real name is Ahmad Awaluddin Ashaari and Scha (Sharifah Nor Azean Syed Mahadzir) against the company over an alleged breach of contract with regard to the exclusive rights to distribute the ‘Bleu’ and ‘Maroon’ branded perfumes.
The celebrity couple was awarded RM345,305 in damages after winning their suit against D’Haja over the alleged breach of contract.
The Sessions Court also allowed a counter-claim filed by D’Haja and ordered Awal and Scha to pay RM55,000, after finding that the couple had broken the agreement by selling the perfume themselves in Brunei.
In the suit filed on April 30, 2018, Awal and Scha claimed that they had entered into a contract with textile supplier D’Haja for the exclusive distribution of Bleu and Maroon perfumes on Oct 11, 2016, for two years.
However, they claimed that D’Haja failed to fulfill its responsibilities in accordance with the basic terms of the agreement, and failed to return 3,215 bottles of perfume which were said to be damaged, as well as failing to provide records of sales transactions and refusing to pay for the losses. — Bernama
