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2019 MarsdenLR 2979
HIGH COURT MALAYA KUALA LUMPUR
MOHAMED ZAHID YON MOHAMED FUAD – Appellant
Versus
YAKUB HUSSAINI & ANOR (ENCL 20) – Respondent
[Originating Summons No: WA-24NCC-399-07/2019]
Petitioner Advocates:Alan Wong Teck Wei,Zulkifli Jafar ,Respondent Advocate: Nur Eleena,Lee Hoe Leong
The Court clarified procedures under the Companies Act 2016, emphasizing efficient management of cases initiated by originating summons versus writ actions.
Headnote:This application pertains to remedies sought under s 346 of the Companies Act 2016 regarding oppression allegations. The originating process was adopted per O 7 of the ROC, indicating litigant procedural intent. The Court found no necessity to reconvert proceedings initiated via originating summons to a writ action, emphasizing principles of justice and expedience as cited in numerous procedural rules.
| Table of Content |
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| 1. application under s 346 of companies act for oppression remedies. (Para 1) |
| 2. processes initiated via originating summons under the companies act. (Para 2) |
[1] This application was made pursuant to s 346 of the Companies Act 2016 for certain remedies in respect of allegations of oppression.
[2] As a matter of procedure, and as indicated in the intitulement, the originating process adopted was pursuant to O 7 of the Rules of 2012 ("ROC") as prescribed under O 88 of the ROC ie by way of an originating summons.
