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2022 MarsdenLR 947

HIGH COURT MALAYA KUALA LUMPUR
GEORGE PATHMANATHAN MICHAEL GANDHI NATHAN – Appellant
Versus
PORTCULLIS INTERNATIONAL LTD & ORS – Respondent


Petitioner Advocates:Suaran Singh ,Respondent Advocate: Anantha Krishnan

JUDGMENT

Liza Chan Sow Keng JC:

Introduction

[1] The application by the 1st and 2nd Respondents (interchangeably referred to as "Applicants") in Enclosure ("Encl") 264 is to commit the Petitioner to prison for contempt of Court for alleged failure to comply with the terms of an order of Court dated 23 May 2018 (Encl 198) to uplift a sum of US$656,282.25 from a time deposit, and forthwith pay the said amount to the Applicants.

[2] After having read the cause papers, considered the written as well as oral submissions by the parties, I dismissed the committal application and gave brief oral grounds of decision. The Applicants have appealed against my decision. This judgment contains the full reasons for my decision.

Background Facts

[3] The Petitioner held 25% of the shares of the 3rd Respondent. The 2nd Respondent vide the 1st Respondent held the remainder 75% shares of the 3rd Respondent.

[4] The Petitioner vide this Petition filed in 2006 initiated a minority oppression action under s 181 of the Companies Act 1965 against the Respondents in respect of the shares in the 3rd Respondent Company.

[5] After a full trial, the High Court found in favour of the Petitioner on 29 July 2011 and ord


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