Anand Ponnudurai J:

Introduction

[1] These proceedings were commenced by the Plaintiff pursuant to s 346 of the Companies Act 2016 claiming that he was oppressed as a minority shareholder of the 4th Defendant. Through the said Originating Summons, the Plaintiff inter alia sought a declaration that the 1st to 3rd Defendants had conducted the affairs of the 4th Defendant in disregard of the Plaintiff's interest as a minority shareholder and prayed for an Order that the 1st to 3rd Defendants purchase his shares in the 4th Defendant for fair value failing which the 4th Defendant be wound up.

[2] However midway through these proceedings and upon changing his solicitors and after filing another suit vide PA-22NCVC-192-12/2023 (hereinafter referred to as "Suit 192"), the Plaintiff then filed encl 57 herein which is an application pursuant to O 21 r 3 and/or O 92 r 4 of the Rules of 2012 (hereinafter referred to as " ROC 2012") to discontinue these proceedings in light of the filing of Suit 192.

[3] The Defendants objected to the Plaintiff's application in encl 57 to discontinue these proceedings.

[4] Having heard parties submit on 26 March 2024, I allowed encl 57 ie the disc