HIGH COURT MALAYA SHAH ALAM
ANN JOO METAL SDN BHD – Appellant
Versus
BUKIT FRASER THERMAL TECHNOLOGIST SDN BHD (ENCL 15) – Respondent
JUDGMENT
Introduction
[1] Enclosure 15 dated 17 October 2019 is the Notice of Motion filed by the Respondent pursuant to O 18 r 19(1) of the Rules of 2012 and / or under s 469 of the Companies Act 2016 and / or inherent jurisdiction of this Honourable Court for the followings orders:
(1) that the entire para 5 (iii) at p 3 of the Winding Up Petition dated 31 July 2019 and Exhibit "P-4" exhibited thereto be stuck out;
(2) that costs of this Application and costs of this Winding Up Petition be borne and paid by the Petitioner;
(3) Further and / or other relief of which this Honourable Court deems fit and just in the circumstances.
The Relevant Cause Papers
[2] The relevant cause papers referred to in respect of the Petitioner's Petition are as follows:
(i) Winding-Up Petition dated 31 July 2019 ["Petition"];
(ii) Affidavit Verifying the Petition affirmed by Lim Aun Chuan on 2 August 2019 ["Affidavit Verifying Petition"];
(iii) Respondent's Affidavit Opposing Petition affirmed by Graham Robert Mccieliand on 8 October 2019 [''Respondent's Opposition Affidavit"]
(iv) Petitioner's Affidavit in Reply in support of the Winding-Up Petition dated 31 July 2019 affirmed by Lim Aun Chuan
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