Leonard David Shim J:

Introduction

[1] There are 2 actions before the Court viz Originating Summons No KCH-24NCvC-10/4-2023(HC4) (Originating Summons) and Suit No KCH-22NCvC-19-6/2023 (Suit). Both actions were ordered to be heard together by an Order of Court dated 25 January 2024 (Enclosure 30 in the Suit).

[2] At the center of both the actions are 3 loan documents, a share subscription agreement and a supplementary agreement which were signed by the parties (save for the 5th Defendant in the Originating Summons-Companies Commission of Malaysia).

[3] By an Originating Summons dated 13 April 2024, the Plaintiffs are seeking for the following reliefs against the Defendants:

(1) A declaration that Lim Jin Wei (LJW) (NRIC No 751117-13-5409), Lim Jin Kiat (LJK)(NRIC No 800309-13-5487) and Lim Jin Siang (LJS)(NRIC No. 830804-135481) have resigned and ceased to be directors of CS Mini Market Sdn Bhd (CCMM) (Company Registration No 201601034824 (1205765-H)) as at 3rd April 2023;

(2) That consequential to item (1) above, the Registrar of Companies and/or Companies Commission of Malaysia of the 1st Defendant do accept and duly register the resignation of Lim Jin Wei (NRIC No. 751117-13-54