JUDGMENT

Nadzarin Wok Nordin JC:

Introduction

[1] In the Winding Up Petition in encl 1 (Petition), the Petitioner has applied pursuant to s 465(1)(e) read with s 466(1) of the Companies Act 2016 to wind up the Respondent company.

[2] Under the Notice of Motion in encl 19 (Enclosure 19), First Foresight Sdn Bhd, Matrix Treasure Sdn Bhd and Ruby Straits Sdn Bhd (Applicants) abovementioned had applied inter alia to appoint Ralph Ravin Rantnasamy to be appointed the liquidator of the Respondent.

[3] The Petition was premised on a statutory notice dated 28 May 2021 (Notice) issued pursuant to s 465(1)(e) read with s 466(1) of the Companies Act 2016 for an Adjudication Decision dated 6 May 2021 under the Construction Industry Payment and Adjudication Act 2012 for inter alia the sum of RM1,791,231.39 plus interest and costs.

[4] An affidavit in Opposition to the Petition affirmed on 14 December 2021 in encl 22 (encl 22) was filed by the Respondent, just a day before the hearing of the Petition on the alleged reason as submitted orally to this Court that the solicitors for the Respondent had just been appointed at the eleventh hour.

[5] At the date of the hearing of the Petition on 15 Decembe