JUDGMENT

Liza Chan Sow Keng JC:

Introduction

[1] Enclosure ("Encl") 284 in Originating Summons WA-24NCC-410-09/2017 ("Menara Embun OS") and Encl 267 in Originating Summons WA-24NCC-411-09/2017 ("Modern Eden OS") are recusal applications filed to recuse me from hearing the Menara Embun OS and Modern Eden OS.

[2] I had dismissed both applications on 26 October 2021. These are the reasons for my decisions. As the matters were related, it is convenient to deal with both decisions in one judgment.

Background

[3] The Menara Embun OS and Modern Eden OS were filed by the Plaintiff, Datuk Kasi a/l Palaniappan ("DK") pursuant to s 346 of the Companies Act, 2016 (" CA 2016") complaining of minority oppression in respect of the affairs of Menara Embun Sdn Bhd and Modern Eden Sdn Bhd respectively.

[4] DK together with one Impresive Circuit Sdn Bhd also commenced another minority oppression claim in respect of Setia Haruman Sdn Bhd vide Originating Summons No WA-24NCC-290-07/2017 ("Setia Haruman OS"). In the Setia Haruman OS, DK was struck out as a Plaintiff on 25 April 2018 as he was not a shareholder of Setia Haruman. DK however owns 50% of the shares in Impresive Circuit.

[5] In each of the 3 OS