V.C.GEORGE
SUMMIT CO.(M) SDN.BHD. – Appellant
Versus
NIKKO PRODUCTS (M) SDN.BHD. – Respondent
VC George J:
The provisions for the service of a writ against a corporation is found in O. 62 r. 4. In the instant case the plaintiffs sought to effect the service of the writ pursuant to r. 4(1)(a), on 1 July 1982, by leaving a copy of it at No. 42-2A City Tower, Jalan Alor, Kuala Lumpur, thought by the plaintiffs to be the registered office of the defendants.
It turned out that unknown to the plaintiffs the defendants had changed the situation of its registered office from No: 42-2A City Tower to Room 1201, 12th Floor, Komplek Selangor on 8 February 1982. Pursuant to the requirements of s. 120 of the Companies Act the company had duly notified the Registrar of Companies of the change by lodging with the Registrar on 24 February 1982 the requisite Form 44 in which the particulars of the change of the registered office was set out. It was said that the registration of this change was not effected until 24 September 1982. (See Exhibit JK1 to the affidavit of James Khor affirmed on 5 July 1983). What was to be understood by that was not clear as I was not aware that a register was maintained by the Registrar of Companies for registering the particulars set out in a Form 44
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