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2021 MarsdenLR 3201

HIGH COURT MALAYA KUALA LUMPUR
EKA NOODLE BERHAD – Appellant
Versus
NORHAYATI TUKIMAN (ENCL 1) – Respondent


Petitioner Advocates:Premjit Singh,Sri Lachman Kumar,Remyzen Moksin ,Respondent Advocate: Muhammad Azwar Ab Manab,Muhammad Azrul Haziq Khirullah,Lawrence TH Lee

JUDGMENT

Liza Chan Sow Keng JC:

Introduction

[1] Enclosure 1 is an Originating Summons ("OS") filed by the Plaintiff on 2 June 2021 for interalia:

(i) a declaration that the notice of extraordinary general meeting issued under s 311 of the Companies Act 2016 (" CA 2016") dated 31 May 2021 by the Defendant ("the 3rd EGM Notice") is invalid, null and void;

(ii) an order that the convening of the Extraordinary General Meeting of Shareholders (EGM) on 29th June 2021 by the Defendant ("the Notice") is invalid, null and void;

(iii) an order that the EGM on 29th June 2021 called by the Defendant be stayed until the disposal of this action;

(iv) a declaration that all outcomes, notices, measures and follow-up and/or follow-up actions that have been and/or will be taken by the Defendant, whether through herself and/or her agents, servants, representatives or any party in respect of the Notice is invalid, null and void;

(v) an order that the Defendant be required to indemnify the Plaintiff against any and/or all liabilities, costs and damages in respect of the said Notice given by the Defendant to the Plaintiff;

(vi) general damages to be assessed by this Honorable Court; and

(vii) costs of this ac


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