ALASAN PENGHAKIMAN LISAN

OLEH YANG ARIF HAKIM DATO' KANG HWEE GEE

(Oral Judgment delivered immediately after submission.)

This is my oral judgment:(ex-tempore)

This is an application by the plaintiff for the following orders:

1. A declaration that the purchase price under the Sale and Purchase Agreement dated 16.10.2001 signed between the plaintiff and the defendant had been fully settled by the plaintiff.

2. A declaration that the said Notice dated 18.4.2007 pursuant to Section 218 of the Companies Act 1965 by the defendant through its solicitors to the plaintiff is wrongful, ineffective, invalid and unfit.

3. A declaration that the defendant has no right to present a Winding - up Petition under Section 218 Companies Act 1965 against the plaintiff.

4. An injunction to restrain the defendant Sri Komakmur Sdn Bhd either by themselves, and/or their agents and/or their servants and/ or anyone from taking any step whatsoever to wind-up the plaintiff based on the said Notice and/or any other notice(s) which allegedly founded on any sum claimed to have been owed by the plaintiff under the said Sale and Purchase Agreement.

5. Alternatively, if the defendant has already commenced winding - up pro