Jovian Mandagie’s Appeal To Set Aside Bankruptcy Order Dismissed

KUALA LUMPUR, Feb 20 (Bernama) -- The High Court here today dismissed an appeal by fashion designer Datuk Jovian Mandagie to set aside a bankruptcy order against him after he failed to repay a friendly loan of RM5.28 million, including interest, to engineering construction company Cekap Air Sdn Bhd (Cekap Air).

Lawyer Siti Nur Athirazatti Rohizad, representing Cekap Air, said the court also rejected Jovian’s application to stay the bankruptcy order.

“The court dismissed the appeal to set aside the creditors’ petition and to stay the bankruptcy order with costs totalling RM10,000,” she told reporters after the proceedings in Judge Jamhirah Ali’s chambers.

On July 3 last year, Senior Assistant Registrar Muhammad Faisal Zulkifli issued the order after allowing the creditors' petition filed on Nov 20, 2024.

On May 21, 2024, Cekap Air filed a bankruptcy notice after Jovian failed to comply with a direct judgment given by the court on April 2 of the same year. 

Based on the creditors' bankruptcy petition, Cekap Air applied for a bankruptcy order against Jovian for failing to pay RM5,284,340.66 million, including interest, as ordered by the High Court.

On April 2, 2024, Judge Datuk Ahmad Fairuz Zainol Abidin ordered Jovian to pay the friendship loan after allowing Cekap Air's application to enter a direct judgment against the fashion designer.

The direct judgment was obtained when the court decided the case through written submissions without a full trial.

Jovian was sued by Cekap Air on May 16, 2023,  for allegedly failing to repay  RM5 million, which was loaned to him based on his friendship with the company's director, Yong Zhen Wei.

Cekap Air claimed that it had lent Jovian RM5 million at his verbal request on Feb 25, 2022, by transferring the money to the client account of the law firm representing the fashion designer and that it had to be repaid within a period not exceeding 12 months.

The company claimed that the loan was given and made verbally and casually based on friendship, and there was no reason to doubt Jovian because he owned several other businesses.

However, Cekap Air claimed that Jovian had breached the loan agreement and had so far failed to repay or return the money, causing the company to suffer losses. Jovian filed a statement of defence on June 20, 2023.

-- BERNAMA