Saheran Suhendran

Corporate Insolvency and Insolvent Restructurings

• Advised and represented Sapura Energy Berhad in its debt restructuring scheme. Successfully obtained the requisite restraining orders and convening orders in support of its Scheme of Arrangement from March 2021 to March 2024.
• Advised Eversendai Berhad on its proposed debt restructuring scheme.
• Advised and represented AirAsia X Berhad in its debt restructuring scheme. Successfully obtained the requisite restraining and convening orders, as well as the Court’s sanction for its Scheme of Arrangement, culminating in the successful completion of the restructuring.
• Advised and represented Perisai Petroleum Teknologi Berhad in the restructuring of approximately RM1 billion of debt. Successfully obtained the requisite restraining orders, convening orders, and the Court’s sanction for its Scheme of Arrangement.
• Represented Transmile Group Berhad and Transmile Air Services in their debt restructuring exercise. Successfully obtained the necessary Court orders for the Schemes of Arrangement, resolved a priority dispute arising from the restructuring, and successfully defended the outcome before the Court of Appeal and the Federal Court.
• Advised and represented Megasteel Sdn Bhd in the restructuring of more than RM4 billion of debt. Successfully obtained the requisite restraining orders, convening orders, and the Court’s sanction for its Schemes of Arrangement.
• Advised Eduspec Holdings Berhad on restructuring options.Advised Johor Corporation Berhad on the restructuring of, and disputes relating to, one of its subsidiaries.
• Advised and represented the Sutera Harbour Group in its corporate restructuring under Section 176 of the Companies Act 1965.
• Advised on the corporate restructuring of Renong Berhad, MBf Holdings Berhad, EPE Power Corporation Berhad, Metroplex Berhad and Oilcorp Berhad. Also successfully completed the corporate restructuring of the Tanco Group and the Pan Global Group.
• Successfully challenged and set aside the restraining order and Scheme of Arrangement relating to the Axis Group.Advised Petroliam Nasional Berhad (PETRONAS) and Bank Bumiputra Malaysia Berhad in relation to the insolvency of the Carrian Group and Bumiputra Malaysia Finance Ltd. in proceedings before the Hong Kong courts.

Solvent Restructurings and Reorganisations

• Advised and acted as counsel for several contributories in the solvent liquidation of Sin Hai Sdn Bhd involving assets worth more than RM500 million. Successfully argued in favour of a distribution in specie of the company’s assets and advised on related cross claims against Sing Lian Sdn Bhd.
• Advised and represented the liquidators of Kian Joo Berhad in proceedings before the High Court, Court of Appeal, and Federal Court concerning a dispute with shareholders over the sale of the company’s controlling stake.
• Advised on the restructuring of Synergy Drive Berhad (now Sime Darby Berhad).
• Advised on the selective capital reduction undertaken by Magnum Corporation Berhad.
• Advised and defended the financial advisers in relation to substantial claims arising from the restructuring of MBf Holdings Berhad, involving allegations of fraud and conspiracy.
• Advised on the restructuring of Bursa Malaysia Berhad in conjunction with the listing of the stock exchange.
• Advised on the members’ Scheme of Arrangement involving Bumiputra Commerce Holdings Berhad and Commerce International Merchant Bankers Berhad.
• Advised on the restructuring of Intria Berhad.

Insolvent Administrations

• Advised the Receiver and Manager of Sabah Forest Industries Sdn Bhd in the restructuring of approximately RM1.2 billion of debt. Regularly appeared before the High Court of Sabah in relation to the restructuring proceedings.
• Advised the liquidators of Kian Joo Holdings Sdn Bhd in its liquidation and successfully defended the liquidators against claims of malpractice before the High Court, Court of Appeal, and Federal Court. Also successfully resisted an application for review.
• Advised the liquidator of Arctic Star Sdn Bhd, a member of the WTK Group of companies, in relation to its liquidation.
• Acted for Special Administrators appointed under the Pengurusan Danaharta Nasional Berhad Act 1998 in various appointments, including investigations into corporate malpractice.
• Acted in Repco Holdings Sdn Bhd v Pengurusan Danaharta Nasional Bhd (No. 1) [2000] 5 MLJ 629, a landmark case which challenged the constitutionality of the Pengurusan Danaharta Nasional Berhad Act 1998 for the first time.
• Acted in Public Bank v Ng Chee Ping [1998] 4 MLJ 449, a landmark case establishing the duties of a receiver and a mortgagee in the sale of charged assets.
• Acted in the Federal Court case of Abdul Samad bin Hj Alias v Rajiv Enterprises Sdn Bhd, which established the principles governing priority issues involving receivers.

Corporate & Commercial Malpractices and Corporate Disputes

• Defending directors and shareholders in a suit for alleged corporate malpractices in derivative actions and oppression petitions for the breach of duties of the directors of EON Capital Berhad. Successfully defended a major shareholder of EON Capital in an oppression petition filed by a minority shareholder which was heard at a trial in the High Court, and on appeal to the Court of Appeal and the Federal Court.
• Advising and the administrators of the estate of the late Tan Sri Jamaluddin Jarjis and appearing in a Court dispute on the claims for a portion of various companies held by the administrators personally.
• Successfully defended Tan Sri Albert Chang and Tan Sri William Chang in an oppression petition filed by a debenture holder in Lion DRI.
• Advising and representing various shareholders of Top Glove Corporation Berhad in a shareholders’ dispute in the Court of Appeal in Malaysia and in the arbitration in Singapore.
• Advising and representing various shareholders of WRP Asia Pacific Sdn. Bhd. in a shareholders’ dispute.
• Advising and successfully defended a director of IGD Practice Sdn. Bhd. in a suit by investors in an alleged ponzi scheme on the investment of gold dinars.
• Advising Pontian United Plantations Berhad (after its acquisition by Felda Global Venture Berhad) on claims against the former Directors of Pontian for alleged breaches of fiduciary duties. An investigation was carried out and a civil suit was filed. The matter was eventually settled.
• Advising on the alleged corporate malpractices in relation to the Desaru development in Johor.
• Advised on claims involving MUI Plaza Sdn Bhd v Hong Leong Bank Bhd. [1998] 6 MLJ 203.
• Successfully acted for Singaporean investors in 2014-2015 in a series of suits to recover monies illegally obtained from Petroschem Sdn. Bhd. in which the Singaporeans invested.
• Advised and appeared for Intrared Sdn. Bhd. (a subsidiary of Kuwaiti Finance House) in an appeal in 2013 against the well-known Deepak Jayakishan in relation to the dispute over the sale of Glomac Tower.
• Advising Asia Finance Bank Berhad in relation to its shareholder disputes in a series of suits.
• Successfully defended Ranhill Berhad and its CEO for alleged agency fees of US$5.2 million in relation to an Indian power project.
• Successfully defended Ranhill Berhad and its CEO for alleged corporate malpractices in relation to agency fees of US$45 million claimed from a Libyan construction project.
• Successfully defended the executive chairman and majority shareholder in Ho Hup in relation to a claim with respect to breach of duties and malpractices in a subsidiary and succeeded in the appeal in Ho Hup Construction Berhad v. Bukit Jalil Sdn. Bhd. (2012) (CA).
• Advised Petronas and Bank Bumiputra Malaysia Bhd. in the Carrian affair in proceedings in Hong Kong and San Francisco; represented BBMB in the evidence taking exercise in Malaysia in relation to the criminal prosecution in Hong Kong of Lorrain Osman et al; represented BBMB in the High Court and Court Appeal in the evidence taking exercise in Zauyiah Wan Cik v. AG of Hong Kong.
• Defending previous partners of Andersen in respect of malpractice claims filed by MBf Holdings Bhd.
• Advised Khazanah and representing the subsidiaries of Pantai Holdings Bhd in an oppression petition alleging corporate malpractices involving the Fomema concession.
• Advised on the alleged malpractices in relation to Transmile Group Berhad.
• Advising on corporate malpractices involving conspiracies in a financial institution and at least 3 listed companies, the identities of which must remain confidential.
• Advising on possible extradition proceedings against persons whose identities must remain confidential.
• Advised Hong Seh Motors (Singapore) in relation to its Ferrari franchises in South East Asia and disputes with its local partner.

Takeovers & Mergers

• Advised and successfully represented Tenaga Nasional Berhad in proceedings challenging the takeover and compulsory acquisition of the shares of minority shareholders of Integrax Berhad.
• Advised and successfully defended a major shareholder of EON Capital Berhad in proceedings arising from its takeover by Hong Leong Bank, including before the Court of Appeal and the Federal Court.
• Advised and represented Tenaga Nasional Berhad in proceedings against the Perak State Government authority concerning the hostile takeover of Integrax Berhad.
• Represented a major shareholder in proceedings challenging the hostile takeover of Ho Hup Construction Company Berhad.
• Advised Bumiputra Commerce Holdings Berhad in its successful hostile takeover of Southern Bank Berhad.
• Advised and represented the minority shareholders of Sime Bank Berhad in a successful action against Sime Darby Berhad for failing to make a mandatory general offer in connection with the takeover of the bank.
• Acted in various High Court, Court of Appeal, and Federal Court proceedings relating to the contest for Lembaga Tabung Haji in the shareholder dispute over control of QSR Brands Berhad.
• Advised concerning control of Southern Acids (Malaysia) Berhad and related allegations of corporate malpractice.
• Represented Metroplex Berhad in resisting a hostile takeover by Morgan Stanley Emerging Markets Inc. and advised on related cross-border litigation in Malaysia, London, Hong Kong, and the Philippines.
• Advised Malaysian International Shipping Corporation Berhad (MISC) on the proposed reverse takeover of Ramunia Holdings Berhad, including the related due diligence exercise.
• Advised in relation to the takeover of Bumi Armada Berhad.

Corporate Compliance

• Advised on the disclosure requirements in the Astro IPO.
• Advised on the disclosure requirements in the Ranhill IPO in 2013.
• Advising in respect of the Ranhill RTO in 2014 till present.

Commercial Disputes

• Successfully represented Petronas in its RM150 million claim against Perwaja Steel in 2013.
• Appeared and resisted a claim against Petronas by Pro-Events Sdn. Bhd. in 2013 relation to the merchandising for the 2009 World Cup.
• Successfully defended a subsidiary of Tenaga Nasional Berhad in a claim in relation to the dismantling of a power station.
• Advised and appeared for Intrared Sdn. Bhd. (a subsidiary of Kuwaiti Finance House) in an appeal in 2013 against Deepak Jayakishan in relation to the dispute over the sale of Glomac Tower.