Ong Chee Kwan J:

Introduction

[1] This judgment deals with both Originating Summons No: WA-24NCC-574-10/2023 ("OS 574") and No: WA-24NCC-582-10/2023 ("OS 582").

[2] OS 574 concerns TH Heavy Engineering Berhad ("THHE"), a company under creditors' voluntary liquidation ("CVL"). It is not disputed that the Plaintiffs in OS 574 namely, Globalmariner Offshore Services Sdn Bhd ("GMOS"), Blackstone Technology Sdn Bhd ("BTSB") and Bynac Sdn Bhd ("DSB"), are all creditors of THHE.

[3] On or about 8 September 2023, THHE acting through its Board of Directors, commenced a creditors' voluntary liquidation process and appointed Mr Andrew Heng and Mr Ashvin Mahendran as the Interim Liquidators of THHE. This voluntary winding up process is challenged by the Plaintiffs.

[4] OS 582 concerns THHE Fabricators Sdn Bhd ("TH FAB"), the wholly owned subsidiary of THHE and a company under members' voluntary liquidation ("MVL"). It is also not disputed that the Plaintiffs in OS 582, namely BTSB and DSB, are all creditors of TH FAB.

[5] On 6 September 2023, the sole member of TH FAB, namely THHE (being the holding company), resolved to voluntarily wind up TH FAB and appointed Mr Andrew Heng and