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2015 MarsdenLR 710

HIGH COURT MALAYA KUALA LUMPUR
MASMIRIN DEVELOPMENT SDN BHD – Appellant
Versus
CHUNDI INCORPORATED SDN BHD (ENCL 1) – Respondent


Table of Content
1. overview of case details and original claims. (Para 1 , 2 , 3 , 4 , 5)
2. plaintiff's arguments regarding contract and financial status. (Para 6 , 7 , 8 , 9)
3. legal principles established in previous case laws. (Para 10 , 11 , 12)
4. explanation of legal standards for issuing winding up notices. (Para 13 , 14 , 15 , 16)
5. court's decision to dismiss injunction request. (Para 17 , 18)
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 the same on th

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