Ong Chee Kwan JC:

Introduction

[1] The applicants filed an application pursuant to s 366 of the Companies Act 2016 ('the CA ') for a scheme of arrangement and obtained an order under s 368(1) thereunder on 31 December 2020 restraining legal proceedings taken against the applicants pending the approval of their proposed scheme ('the restraining order').

[2] The proposed intervener filed the notice of application dated 9 February 2021 ('encl 12') to intervene in these proceedings and to seek leave of court to continue with its suit against the 2nd applicant in the Kuala Lumpur High court Suit No WA-22C-109-11 of 2020 ('Suit 109').

[3] Enclosure 12 is premised on O 15 r 6(2) and O 92 r 4 of the Rules of 2012 ('the Rules'), ss 366 and 368(1) of the CA , and seeks the following prayers:

(a) that leave be granted to Seng Long Construction & Engineering Sdn Bhd (Registration No 200801024162 (825485-P)), the proposed intervener to intervene in the proceedings herein;

(b) that if leave as sought for, is granted, the proposed intervener be allowed to be heard, file, affirm and serve affidavit(s) to oppose the Originating Summons No WA-24NCC-608-12 of 2020; and

(c) that Seng Long Constru