JUDGMENT

Nadzarin Wok Nordin JC:

Introduction

[1] In the Originating Summons dated 21 January 2021 (OS) the plaintiff, Coca Cola Refreshments Sdn Bhd (plaintiff) is seeking inter alia an extension of time as the majority creditor of Leejin Capital Sdn Bhd (defendant) to file the OS pursuant to s 450 of the Companies Act 2016, as well as a declaration that the appointment of Lim Tian Huat (Lim) from Messrs Rogers Reidy & Co as the liquidator of the defendant on 14 August 2020 is invalid and consequently Lim is to be removed and one Onn Kien Hoe (Onn) from Messrs Crowe Advisory be appointed as the liquidator of the defendant effective immediately from the date of this order or alternatively that Onn be appointed as joint liquidator of the defendant.

[2] The brief grounds relied on by the plaintiff in support of the OS are inter alia as follows:

(a) A creditors' voluntary winding-up (CVW) of the defendant was initiated on 17 July 2020 pursuant to s 441 of the Companies Act 2016 and the first Creditors Meeting was held on 14 August 2020 (Meeting).

(b) At the Meeting the following events transpired:

i. the plaintiff as the majority creditor proposed for Onn to be appointed the liquidator of th