Mohd Arief Emran Arifin J:

(Enclosure 67)

[1] The Appellants, the 1st and the 9th Defendants, have sought to strike out the Plaintiff's / Respondent's claim on the grounds that:

(i) Timor has no capacity to act in a derivative action on behalf of the company as he is no longer a director of the company.

(ii) Timor has no Locus Standi to act.

(iii) Timor has no sufficient interest in continuing with this claim against the Defendants in a derivative capacity.

[2] It has been brought to the attention of this Court that Timor has since obtained an interim order that entitles to remain to be a director of the company before Justice Leong Wai Hong.

[3] In view of the same, the said Defendants sought to withdraw the application with liberty to file afresh. The said application was not objected to by the Plaintiff / Respondent.

[4] This Court after considering the application finds that the said application should be struck out without liberty to file afresh. The reason for this is simply because this claim has been set down for trial and dates have been fixed in September 2026 to October 2026. The Defendants are at liberty to raise this issue again at trial in its defence if Justice Leong