JUDGMENT

Nadzarin Wok Nordin JC:

Introduction

[1] In the application herein via a Summons In Chambers by the applicant, one Lim Kek Har (Applicant) on behalf of the partners of the firm Land Rise Realty, the Applicant had applied for an order pursuant to s 471 of the Companies Act 2016 for inter alia an order to validate the Judgment dated 25 April 2018 (Judgment) vide KL High Court Suit No: 22NCVC-92-02-2015 (Suit 92) commenced on 18 February 2015 and obtained against Nihon Properties Sdn Bhd (Company), the Respondent herein.

[2] Based on the fact that the Judgment was obtained after the Winding Up Order was granted on 25 April 2017 (Winding Up Order), the Applicant was seeking leave to regularize the Judgment which is now the subject matter of an appeal.

[3] The Applicant alleges that the Company had deliberately concealed the fact of the Winding Up Order at the pronouncement of the Judgment at the High Court and that this fact was also not revealed at the stage of the Filing of the Notice of Appeal on 24 May 2018.

[4] It is also contended by the Applicant that the Liquidator had given sanction for the appeal to proceed and thus there was a need for leave of the Court to val