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2021 MarsdenLR 1503

HIGH COURT MALAYA PULAU PINANG
EXPORT-IMPORT BANK OF MALAYSIA BERHAD – Appellant
Versus
TFT DISPLAY (M) SDN BHD – Respondent


Petitioner Advocates:Ashmadi Othman ,Respondent Advocate: Lucia Minta

JUDGMENT

Wong Hok Chong JC:

Introduction

[1] This is the Petitioner's petition to wind up the Respondent company on the ground that they were insolvent. I allowed the Petition and ordered that the Respondent be wound up on 29 March 2021. These are the grounds for my decision.

Background

[2] The Petitioner issued a statutory demand against the Respondent company on 29 January 2020. The statutory demand was premised on a judgment ("Judgment") dated 8 June 2018 for the judgment debt of RM1,200,000 with interest and cost totalling RM1,698,257.54 as at 24 January 2020.

[3] The Respondent had not made good on the statutory demand and were deemed insolvent pursuant to para 466(1)(a) Companies Act 2016 (" CA "). The Petitioner proceeded to file the Petition to wind-up the Respondent company pursuant to para 465(1)(e) on 28 May 2020.

Technical Objections

[4] The Respondent opposed the Petition on several grounds. They were all technical objections that were without merit.

Must Be In BM

[5] First, the Respondent submitted that the Winding-up Petition and causepapers must be in Bahasa Malaysia.

[6] The respondent is misconceived. There is no such imposition. This was explained by the High Court in


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