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2014 MarsdenLR 2560

HIGH COURT MALAYA KUALA LUMPUR
ORIX LEASING MALAYSIA BERHAD – Appellant
Versus
ROSSINGTON CONSOLIDATED SDN BHD – Respondent


Table of Content
1. procedural orders for owing debts and creditor meetings. (Para 1 , 1 , 5 , 10)
2. factual setting of the case concerning the appointment of the coi. (Para 2 , 4 , 8)
3. legal obligations regarding proof of debt and their verification. (Para 3 , 6 , 12)
4. importance of independent coi representation for creditors. (Para 19)

[1] Enclosure 74 is the Applicant's (Harlina Abdul Aziz) application pursuant to O 32 r 6 of the Rules of the 2012 and s 289 and/or s 241 of the Companies Act 1965 for the following orders,

1) Leave be granted to the Applicant to intervene in the proceedings;

2) The Ex-parte Order dated 13 June 2014 be set aside;

3) The Ex-parte Order dated 13 June 2014 be stayed pending the disposal of the application;

4) If prayer (2) is granted, a meeting of the creditors and contributories be called, held and conducted by the Liquidator within twenty-one (21) days from the order to consider and approve:-

i. the formation of the Committee of Inspection (COI); and

ii. the determination of the composition of members of the COI.

5) The Liquidator be appointed as Chairman of such meeting of creditors and contributories and to produce a report of the result to the Court

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