REI MANAGEMENT SDN BHD vs CIMB BANK BERHAD (ENCL 1)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 1610

HIGH COURT MALAYA KUALA LUMPUR
REI MANAGEMENT SDN BHD – Appellant
Versus
CIMB BANK BERHAD (ENCL 1) – Respondent

Table of Content
1. application for winding up based on the statutory notice. (Para 1 , 6)
2. arguments regarding the judgment debt's enforceability. (Para 10 , 11)
3. court's rationale on restraining winding up petitions. (Para 12 , 13 , 14 , 15)
4. judgment debts cannot be disputed if they're valid and enforceable. (Para 16 , 19 , 20)
5. decision to dismiss the application for injunctions against winding up. (Para 21)

Hasnah Mohammed Hashim J:

[1] Enclosure 1 is the Originating Summons dated 7 October 2014 of the Plaintiff for the following Orders:-

(a) that the Statutory Notice pursuant to Section 218 (2)(a) of the Companies Act 1965 dated 15 September 2014 ("Statutory Notice") issued by the Defendant be set aside by reasons of the Plaintiff's claim or cross- claim against the Defendant in the Kuala Lumpur High Court Suit No 22NCC-112-03/2014 ("Suit 112");

(b) alternatively, that the Defendant be restrained by an injunction from presenting a petition for winding up against the Plaintiff upon the expiry of the Statutory Notice until the disposal of Suit 112;

(c) alternatively, in the event a petition for winding up has been filed, the Defendant be restrained by an injunction from serving

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2015 MarsdenLR 1610

HIGH COURT MALAYA KUALA LUMPURREI MANAGEMENT SDN BHD – AppellantVersusCIMB BANK BERHAD (ENCL 1) – Respondent

Cases Referred (3)

HIGH COURT MALAYA KUALA LUMPUR
REI MANAGEMENT SDN BHD – Appellant
Versus
CIMB BANK BERHAD (ENCL 1) – Respondent