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2010 MarsdenLR 582

HIGH COURT MALAYA KUALA LUMPUR
AMERICAN INTERNATIONAL ASSURANCE BHD – Appellant
Versus
COORDINATED SERVICES L DESIGN SDN BHD – Respondent


Petitioner Advocates:CK Yeoh ,Respondent Advocate: Hargopal Singh

Table of Content
1. plaintiff's application context and basis (Para 1 , 2 , 3)
2. company's activities post-winding up (Para 4 , 5 , 6)
3. arguments against stay order (Para 7)
4. reasons for dismissal of application (Para 8)
5. order and costs issued (Para 9)
JUDGMENT

[1] This is my JUDGMENT in respect of the plaintiff's application in essence to set aside an order of the High Court in a different suit where the Court ordered a stay of the winding up proceedings pursuant to section 243 of Companies Act 1965 (CA 1965) . The prayers inter alia reads as follows:

1. A declaration that the Order dated 27.4.2009 obtained at Kuala Lumpur High Court Companies Winding-Up No: D1-28-86-2001 was obtained in breach of and/or ultra vires section 243(1) of the Companies Act 1965 and is therefore void and of no effect.

2. A declaration that the Order dated 27.4.2009 obtained at Kuala Lumpur High Court Companies Winding-Up No: D1-28-86-2001 was obtained in excess of and/or without the jurisdiction of the winding-up Court and is therefore void and of no effect.

3. A declaration that the Order dated 27.4.2009 obtained at Kuala Lumpur High Court Companies Winding-Up No: D1-28-86-2001 was obtained in breach of

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