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2010 MarsdenLR 542

COURT OF APPEAL PUTRAJAYA
BLUE VALLEY PLANTATION BHD – Appellant
Versus
PERIASAMY KUPPANNAN & ORS – Respondent


Petitioner Advocates:Dato' Dr Cyrus Das,LA Gomez,A Silvanathan,Dato' V Manoharan ,Respondent Advocate: VS Viswanathan,A Mariadass

Table of Content
1. background of the winding-up petition. (Para 1 , 2)
2. appellant's arguments against the petition. (Para 3 , 4)
3. court's reasoning on delay's impact. (Para 5 , 9)
4. final decision and order of the court. (Para 6 , 11)
5. application of the rule on delay. (Para 8 , 10)
Hishamudin Mohd Yunus JCA:

[1] This is an appeal from the decision of the learned judge of the High Court of Ipoh who, on 22 May 2009, had dismissed the appellant's (the respondent at the winding up proceedings before the High Court) application to strike out the respondents' (the petitioners at the winding up proceedings before the High Court) winding up petition pursuant to O. 18 r. 19(1)(a) and O. 92 r. 4 of the Rules of the High 1980 .

[2] The petition filed by the respondents was pursuant to an alleged failure to comply with a demand notice that they had served on the appellant pursuant to s. 218(1)(e) of the Companies Act 1965 . The notice of demand is based on an Ipoh High Court consent order dated 18 October 1996 obtained by the respondents against the appellant vide Ipoh High Court Petition No. 26-3-1995 wherein the appellant was ordered, inter alia , to pay various sums of money to the respond

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