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2002 MarsdenLR 1837 ; 2002 MarsdenLR 1

RAMLY ALI
EMPORIUM JAYA (BENTONG) SDN BHD (IN LIQUIDATION) – Appellant
Versus
EMPORIUM JAYA (JERANTUT) SDN BHD – Respondent


Advocates:
For the petitioner - KP Ng; M/s Ong Ban Chai & Co
For the applicants - Mogan Karupiah; M/s Mogan Karupiah

JUDGMENT

Ramly Ali J:

These are applications by three applicants videencls. 80, 83 and 86 for leave of the court for oral evidence to be recorded on the petition and to cross-examine the liquidator of the petitioner on his affidavits in support of the petition.

Factual Background

On 17 August 2001, Emporium Jaya (Bentong) Sdn Bhd, (In Liquidation) ('the petitioner') presented a winding-up petition against Emporium Jaya (Jerantut) Sdn Bhd, ('the respondent') at Temerloh High Court videCompanies (Winding Up) Petition No: 28-4-2001. The said petition was signed by one Mr Koh Kheng Min, the liquidator of the petitioner. The petitioner prays that the respondent company be wound-up on the grounds that the respondent was unable to pay it's debt (s. 218(1)(e) of the Companies Act 1965) and it is just and equitable that the respondent be wound-up (s. 218(1)(i) of the same Act). The petitioner alleged that the respondent was indebted to the petition in the sum of RM18,133.68 being 'unpaid balance on goods sold and delivered and unpaid balance on services rendered and advanced.'

On 2 July 2001, all the three applicants in the present applications, who at all material times, were suppliers of

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