JUDGMENT

Mohd Arief Emran Ariffin J:

A. Introduction

[1] This is the Applicant's application for an extension of time to file an application for leave to institute a derivative action on behalf of lotacs (M) Sdn Bhd that will be retroactive from the 6 January 2022 and 11 January 2022 ie the date when the memorandum of appearance is entered on behalf of the said company and in the proposed Counterclaim against the 1st, 2nd, 3rd and 4th Respondents before the Sessions Court in the suit bearing number WA-B52NCC-766-12/2021 and WA-B52-82-12/2021.

[2] This application was dismissed by this Court after hearing parties and the reason for the said decision is stated herein.

B. Background Facts

[3] A civil suit bearing number WA-B52NCC-766-12/2021 was instituted by lotacs Technology Sdn Bhd against lotacs (M) Sdn Bhd on 21 December 2021. A second civil suit bearing number WA-B52-82-12/2021 was instituted by UAT Air Conditioning Sdn Bhd against lotacs (M) Sdn Bhd on 22 December 2021.

[4] The Applicant then filed appearance on behalf of the lotacs (M) Sdn Bhd and its defence and counterclaim on 24 January 2022 in the civil suit bearing WA-B52NCC-766-12/2021 and included the 1st and 2nd Respondents a