Raja Rozela Raja Toran JC:

(Enclosure 13 - Application to Amend Winding-Up Petition)

Introduction

[1] The Petitioner applies vide encl 13 to amend the winding-up petition dated 27 December 2024 to substitute the originally named proposed liquidator, Mr Raveendra Kumar a/l Nathan, with Mr Sundarasan a/l Arumugam.

[2] The amendment is necessitated by a post-filing development-the appointment of Mr Raveendra Kumar as the Receiver and Manager (R & M) of the Respondent company by Sabah Development Bank Berhad on 25 February 2025, This disqualifies him from being appointed as the liquidator.

[3] The Petitioner also seeks an order to dispense with procedural requirements under r 32 of the Companies (Winding-Up) Rules 1972 — namely re-execution, re-service, advertisement, and Registrar attendance — on the basis that the Respondent has appeared and contested the petition, and no other creditor has intervened.

[4] The Respondent opposes the application, alleging procedural impropriety, bad faith, and ulterior motive.

Relevant Facts

[5] The winding-up petition was filed on 27 December 2024. The originally proposed liquidator, Mr Raveendra Kumar, later accepted an appointment as R&M of the Re