HIGH COURT MALAYA JOHOR BAHRU
MERGE JATI ENGINEERING SDN BHD & ANOR – Appellant
Versus
KANG JIT SING & ORS – Respondent
JUDGMENT
[1] The Plaintiffs applicant filed this suit seeking for remedies under s 346 of the Companies Act 2016 (the Act)[1] on allegation of oppression in respect of the carrying the affairs of the 7th Defendant. The reliefs sought are for the following declaration:
a) that the 1st, 2nd, 3rd and 4th Defendants acted jointly and/or severally:
i. in conducting the affairs of the 7th Defendant in a manner that is oppressive and in disregard of the Plaintiff's interests as members of the 7th Defendant; and
ii. caused the affairs and conducts of the 7th Defendant to be done in a manner which has and/or will unfairly discriminates against or which is or will otherwise to the Plaintiff as members of the 7th Defendant;
b) a declaration that the Plaintiffs are "locked-in" minority shareholders in the 7th Defendant;
c) a declaration that the Joint Venture Agreement dated 3 November 2022 entered between the 7th Defendant and PT Adau Agro Kalbar is null and void;
d) an order that the 5th-6th Defendants do buy-out and/or purchase the 1st and 2nd Plaintiff's shares in the 7th Defendant at a fair value based on the percentage of shareholdings of the 1st Plaintiff (Me
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