EX-LIEUTENANT COMMANDER LOSES BREACH OF CONTRACT SUIT

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KUALA LUMPUR, June 20 (Bernama) -- A former fleet operational lieutenant

commander at the Lumut naval base failed to obtain a RM2 million compensation in

his breach of contract civil suit against the Defence Ministry secretary-general

and three others, today.

High Court judge Justice Rosilah Yop concluded that Lt (R) K.Marappan had

failed to establish a case for his failure to secure a tender for the supply of

a torpedo weaponry battery system.

She dismissed Marappan''s claims with costs, to be assessed later.

Marappan, 68, also named the Navy commander, Ministry of Defence and the

government of Malaysia as defendants.

In his statement of claim, Marappan said that the first defendant had

advertised a tender in November 2002 for the purchase of 24 units of ''silver

chloride magnesium seawater activated battery'', for which he had submitted a bid

on Dec 23, 2002.

-- MORE

COURT-TENDER 2 (LAST) KUALA LUMPUR

Marappan claimed that his offer of RM129,992 per unit was lower than two

other bidders and all tender requirements had been fulfilled.

A series of tests on battery samples conducted in India had raised

"reasonable and legitimate expectation" with regards to the attempt of securing

the tender he said, adding that in the end, it was not awarded to him.

Marappan had sought US$70,000 for the battery samples, general damages of

RM500,000 and other costs deemed fit by the court.

The defence countered that they had no obligation to award the tender to the

plaintiff and also categorically denied they were responsible for the cost of

the tests in India and other related costs.

Met outside the court, Marappan said he would wait for the full judgment

before deciding on an appeal.

The defendants were represented by senior federal counsels Azlina Mahmod and

Suloshani Vijendran, while A. Magesan appeared for Marappan.

-- BERNAMA

SAN MAM PA

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