[1] The Applicant, one Soon Lee Huat Palm Oil Mill Sdn Bhd, claimed to be both a creditor and contributory of the Respondent company, Stable Win Sdn Bhd ('SW') which was wound-up pursuant to a petition presented by one AA Sawit Sdn Bhd ('the Petitioner'). On the basis of its alleged status as Creditor and/or contributory, the Applicant instituted this interlocutory application for inter alia an order pursuant to s 232(1), companies Act, 1965 (' CA ') that the Court appointed Liquidator of the Respondent be removed from continuing to serve as a Liquidator.

Preliminary Point

[2] The Applicant raised a preliminary objection with regard to the admissibility of the affidavit in reply/opposition dated 25 November 2013 filed by the Liquidator on 26 November 2013 on the ground that it was filed and served out of time. The Applicant invoked O 32, r 13 of the Rules of , 2012 ('ROC') which stipulates that a party intending to reply to an affidavit shall file his affidavit