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HIGH COURT MALAYA KUALA LUMPUR
NFC CLOTHIER SDN BHD – Appellant
Versus
LIAN YIT ENGINEERING SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. plaintiff seeks declaration against surendran's authority. (Para 1 , 2) |
| 2. background facts of d1's liquidation and agreements. (Para 3 , 4) |
| 3. plaintiff's claims and arguments regarding surendran's role. (Para 5 , 6) |
| 4. arguments presented by parties regarding authority and legal standing. (Para 7 , 8 , 9) |
| 5. legal standards governing liquidator's powers. (Para 10) |
| 6. court's observations on procedural issues and evidence. (Para 11 , 12) |
Introduction
[1] The plaintiff applied in encl 70 and supported by an affidavit in encl 71, to seek a declaration that one Surendran S Subramaniam (IC No: 690907-10-6243) - (Surendran) is not entitled to act on behalf of the 1st defendant (D1) in this suit under s 486(1) & (2) Companies Act 2016 ( CA 2016) and/or under O 92 r 4 of the Rules of Court 2012 and/or under the inherent jurisdiction of this Court and other related prayers.
[2] On 1 March 2023, after perusing the cause papers and hearing the submissions of the respective Counsels, I allowed the following prayers in encl 70:
(a) A declaration that Surendran S Subramaniam (IC No: 690907-10-6243) is not entitled to act on behalf of D1 in the present ca
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