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1973 MarsdenLR 243

CHANG MIN TAT
FEDERAL TRANSPORT SERVICE CO LTD – Appellant
Versus
ABDUL MALIK – Respondent


Advocates:
For the plaintiffs - O. Phipps For the defendants - Yeap Ghim Guan

JUDGMENT

Chang Min Tat J:

In this action, the plaintiffs for themselves as shareholders in a private limited company, the Federal Transport Services Co. Ltd. hereafter called the company, and for others named but not joined in, also shareholders in the same company, as well as the company itself, sued the defendants for

(a) an injunction restraining the defendants from acting as directors of the company,

(b)an injunction restraining the defendants from dealing with the funds of or using the seal of or dealing in any manner with the properties and assets of the company or otherwise interfering with the management of the company,

(c)a declaration that the defendants are not directors of the company, and for costs and such further or other order as the Court may deem fit.

The prayer for the first injunction was grounded on a resolution said to have been passed at an extraordinary general meeting of the company held on 23 April 1972 at the Bangunan UMNO Lama, Jalan Kelab Butterworth, which purported to forthwith remove from office the defendants as such directors.

It is somewhat curious, if I may so advert to this as a fact without disrespect, to note that the company itself is th

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