JUDGMENT

Shamsulbahri Ibrahim JC:

Brief Background

[1] On 8 October 1990, the Applicant, Overseas Industries Sdn Bhd granted a loan of RM129,935.80 to Pipemakers Malaysia Sdn Bhd ("Pipemakers").

[2] On 17 May 2012 Pipemakers was wound-up by the Johor Bahru High Court and Mr V Venkatachalam a/l Venkatachalam Chettiar was appointed as the Liquidator ("Liquidator").

[3] The assets of Pipemakers were sold on October 2012 and the proceeds from the sale were received on November 2012.

[4] The Applicant averred that since appointed, the Liquidator has not collected any debt owing to Pipemakers and not paid any debts of Pipemakers nor paid any dividends to any creditor or shareholder.

[5] On 17 February 2021 the Liquidator sent a letter to the Applicant mentioning that the amount of Pipemakers debt owing to the Applicant was RM68,985.80.

[6] In the letter, the Liquidator also stated that he was unable to accept the Applicant's claim as it did not submit any proof of debt during the period advertised in the Sun Newspaper and the Federal Gazette, both published on 28 March 2013

[7] On 6 March 2021, the Applicant filed this application in encl 1, for an order to set aside the decision of the Liquidato