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2021 MarsdenLR 1333

HIGH COURT MALAYA KUALA LUMPUR
ZED ENTERPRISE (M) SDN BHD – Appellant
Versus
UNGKU AMIR UNGKU SULIMAN & ANOTHER CASE (ENCL 1) – Respondent


JUDGMENT

Enclosure 1

Nadzarin Wok Nordin JC:

[1] Before this Court is an application by Ungku Amir bin Ungku Suliman (Ungku) in encl 1 (453 Application) under PW-28PW- 453-12/2020 (PW 453) pursuant to O 15 r 6(2)(b), O 18 r 19 (1)(a) (b) (c) or (d), O 92 r 4 of the Rules of 2012, s 25(2) of the Courts of Judicature Act 1964 and s 493 of the Companies act 2016 for inter alia the following orders:

a) to intervene in the proceedings;

b) for the application in WA-28PW-333-09/2020 (PW 333) be set aside in limine; or

c) alternatively, if in the opinion of this Court that the Members Voluntary Winding Up dated 18 December 2019 referred to by the Liquidator in the Post Winding Up (although Zed Enterprise (M) Sdn Bhd, [Company] is solvent and there is no record of the Liquidator being registered with the Suruhanjaya Syarikat Malaysia(SSM) is applicable whereby Ungku has applied for an order pursuant to s 493 of the Companies Act 2016 to terminate the Members Voluntary Winding Up.

[2] The grounds on which the 453 Application is premised on are inter alia as follows:

i. Ungku is a Director of the Company

ii. the appointment of the Liquidators in this proceedings, Dato Adam Primus Varghese Bin Abdulla


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