Date: 27-11-08.

To Mr Jeya Palan
Messrs.Maxwell, Kenion, Cowdy & Jones,
Ipoh.

Dear Sirs,

As per your request, I am hastily putting up the major points which I

believed are FKT’s wrong-doings, as best as I can within this very short time,
for your advice and perusal. I really cannot carry on my business in a peaceful
manner as I have to undergo all the harassments not only to me but also to
my staff.

As there is a pending action in court I believed that he should not have any
physical harassment towards me causing embrasseement to the whole
company’s business. Kindly advise and take actions.

Draft reply to FKT-Rabin letter dated 25-11-2008

To address FKT-Rabin letter dated 25-11-08 first.

FKT has never practised collective decision making since he started work. He
claimed in “Ho Boon Leong discharge from bankruptcy case”, that it is in the
“best financial interest of the company” when a collective decision is taken –
he does not know that the best financial interest was less than RM400.00.
When fkc request him by memo to give an opinion of selling the old and non
working Mercedes Lorry AV2281, parked in our warehouse, at RM6,500.00,
he refused to response.

A decision has been taken. The company’s lawyer, Mr Arajan Singh who has
been handling this case since 1996 is currently handling the case. fkc was
handling this case since 1987 because FKT is “buta huruf” and refused to deal
with the case. This coupled with his indifferent attitude has resulted in fkc not
consulting him. If every RM400.00 decision has to await his decision and also
to have a Board meeting to deliberate, nothing can be done in the office. FKT
is determined to wind up the company as manifested in his various diabolical
activities (enumerated below), and taking any opportunity in sight he quickly
used the need for collective decision to create as many problems as possible
to catalyse the winding up of the company.
The latest incident of FKT not practising collective decision and behaving like
a tyrant like he has been doing for years is – the letter from Suruhanjaya
Syarikat Malaysia dated 28-3-08 informing us that the company will be
delisted on 27-4-08 from their records. When copy of this letter was extended
to FKT, with a copy sent to his house by Certificate of Posting, FKT refused to
accept the letter. This serves FKT’s objective of winding up the company, but
it also proves that he does not have the company’s interest at heart, contrary
to his claims in his petition against his brothers, and in the correspondence to
them.

The following are incidents which I believed are FKT’s wrong doings:-

1. For years FKT has been spending the cash of the company without
accountability to the Board of Directors, maneuvering the petty cash
account, and cash collected by our bill collectors and through the cash
sales at the shop counters. I have demanded from him to submit a
report on how these money has been spent, and suggested/reminded
him that the auditors have verbally admonished us to bank in all cash
received and pay our creditors as much as possible by cheques. I have
aIso stated some of these incidents in my Affidavit in Reply to his
Petition, in various correspondence to FKT and in countless verbal
appeals, but to no avail. All directors of the company have now insisted
on getting their pay by cheques(to be in line with proper procedure) but
FKT and his son Andy SK Foong still insist on taking cash for their pay!
What is their modus operandi?? All company staff is accepting their pay
by cheques except for the daily paid and the manual labourers.
2. Nepotism is at its peak in the company. He planted his wife Mdm Soo
Peck Har as a senior assistant to the person in charge of our accounts.
It was our father’s rules that the spouse of the sons cannot work in the
company to avoid problems. We did not know that she is his wife until
they has a tiff amongst themselves. I can’t imagine the damages both of
them may have done to the company.
3. His son Andy Foong Shi Kong, is the highest paid employee in the
company, commanding an annual take home pay of more than
RM90,000.00 plus fringe benefits like car allowance(when he does not
travel), 2-4month bonus, lunch provided, medical supplies, paid hand
phone bills,etc. However, Andy’s work description/designation is a
secret; even the board of directors are not allowed to know. He virtually
does not work!
4. FKT made many contradictory statements. He said he does whatever
and however he wants because there are set division of labour – your
 lawyer’s letter to MKC&J dated 5-11-07 page7 refers. But when others
do their pre-designated work, they are accused of not consulting him
and do not practise collective decision making especially when his and
his son’s egos are hurt.
5. He created a whole series of paper work system and regulations under
the pretext that he needs to check the authenticity of the bills –
something he has never done before he files his petition and coaxed his
staff to do non productive paperwork of his and ignoring the works that
acquire income. This is one of the reasons the company in Nov 08 is
still unable to produce Statement of Account of our Debtors, and as
such we are behind in our collection. The other reasons behind this
problem is he has refused to give annual increment to many of our old
staff and this has resulted in the resignation of a few experienced staff
which I am of the opinion that it is deliberately done to kill the company.
The computer system of our is grossly out of date. It is more than 10
year old and IBM has warned us that spare parts are now not available
and our hard disc storage is completely full and we must purge and
back up the hard disc storage every morning before we can start the
system, and we now have hardly any historical records of our sales and
purchase records for references. FKT’s wife Mdm Soo Pick Har
(someone he can trust) has warned him of the dilemma the company is
facing when she was still in the company’s employment (before Nov.
2005). FKT in his usual arrogant self just ignore everyone.
6. On 28th Nov 08 mornings FKT took possession of goods delivered to the
company and put it in his room because these items are for fkc’s
customer. He has now started his sentinel work of checking every
consignment of goods the company receive personally and hold the
goods sometimes for a day or half before releasing them. These
resulted in our failure to deliver goods on a promised date and time, and
it will affect our good will and future businesses. The supplier is Ivy Max
Industries S/B sending 240 pieces of Tungaloy TSPL/NTS/13245 T1015
inserts and we (ENK Sdn Bhd) are to supply them to Modenas in
Gurun, Kedah. If FKT claims that he is not part of ENK because he has
only one share, then his act of seizing ENK’s parcel is illegal. Further if
there are any other documents, etc in the parcel he will be privy to all
ENK’s secrets. [FKT returned the parcel just before lunch on 28-11-
08.He sized the parcel whilst I was still writing these notes]
7. FKT refusal to work is always hidden behind excuses like he was not
consulted and when he was consulted he will not response or claimed
that since he was never consulted why he should be consulted now.
 Every time FKT leaves the office premise, his son Andy will inevitably
follows him. The company suffers because when one employee/director
goes on french leave(truancy) his son will do the same under the
excuse that he was instructed to follow the boss.
8. Although FKT has reduced the incidents of using suspended cash sales
as a means to avoid the company’s system of credit control where
applicant has to complete a elaborate series of forms and personal
guarantees before a credit account is considered, this is yet another
method of creating loopholes for himself to maneuver the company’s
financial position to his benefits as money realised from such
suspended cash sales will be kept by him without any accountability to
the board of directors. Will FKT give us detailed accounts of these
transactions? His wife Mdm Soo Pick Har was years ago asked to
open a debtor receivable account for each and everyone of such
suspended account and to track the collection even if no official receipts
will be drawn – we have a temporary receipt system for suspended
cash sales. The system was activated for a very short while, but FKT’s
wife, however refused to follow my instructions through – which is why
he kept his relationship with his wife a secret so that this sort of support
he received will not be termed nepotism.
9. FKT claimed that he is been oppressed in his Petition by FKS and fkc.
How can he be oppressed if he easily stopped fkc from doing anything
he does not like and approve of, and in his letter to MKC&J dated 5-11-
08 he states that FKC HAS TO GO TO HIM FOR CONSULTATION
AND DECISIONS and not otherwise.
10.