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2021 MarsdenLR 3104

HIGH COURT MALAYA KUALA LUMPUR
POH BEE BEE – Appellant
Versus
BRAND SPEAKS SDN BHD & ORS – Respondent


Petitioner Advocates:Rajan Navaratnam,Roshan Selvaratnam,R Aravind ,Respondent Advocate: Ganesan

JUDGMENT

Nadzarin Wok Nordin JC:

Introduction

[1] Before this Court was a Notice of Motion (Application) in encl 57 by Poh Bee Bee (Petitioner) for an order to amend the Winding Up Petition dated 30 December 2019 (Petition) under r 193 of the Companies (Winding Up) Rules 1972 and s 469(1)(b) and (c) of the Companies Act 2016 for an order inter alia that:

a) the petitioner be given leave to file and serve a further Affidavit to adduce further evidence to support the Petition filed herein

b) should this Application be allowed with leave firm this Court, then the Affidavit in Support affirmed by the Petitioner for this Application filed together herein be used and considered as the further affidavit in support to the Petition.

[2]Inter alia the grounds relied on for the Application were as follows:

i. the further evidence was only further discovered by the Petitioner and if admitted will be an important factor in determining the Petition fairly and justly

ii. the 2nd respondent, Tan Ying Ping (R2) had formed another entity known as Bobar Live Sdn Bhd (Bobar) since September 2020 after the filing of the Petition, where the assets and respources of the 1st respondent, Brand Speaks Sdn Bhd (Co


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