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1985 MarsdenLR 652

GEORGE SEAH, SALLEH ABAS, WAN SULEIMAN
SUMMIT CO.(M) SDN.BHD. – Appellant
Versus
NIKKO PRODUCTS (M) SDN.BHD. – Respondent


Advocates:
For the appellants - Mathias Chang Wen Chieh; M/s. Suhaimi Khor Zulkifli & Chang
For the respondents - Wong Ngee Heong; M/s. Low & Lee

JUDGMENT

Wan Suleiman FJ:

The appellants sought to effect service of a writ pursuant to O. 62 r. 4(1) (a) on 1 July 1982 by leaving a copy of it at No. 42-2A City Tower, Jalan Alor, Kuala Lumpur, which the appellants believed to be the registered address of the respondent company. Unknown to the appellants respondents had changed the situation of its registered office from the aforementioned address to Room 1201, 12th Floor Komplek Selangor on 8 February 1982. In accordance with the requirements of s. 120 of the Companies Act respondents had duly notified the Registrar of Companies of the change by lodging with the Registrar on 20 February 1982 the requisite Form 44 in which the particulars of the change of registered office had been set out. This notification of change was not entered into the register, according to the Registrar's letter annexed as an exhibit to the affidavit of appellant's solicitor, until some 7 months later i.e., on 24 September 1982.

It is not clear whether there was indeed a register maintained by the Registrar of Companies into which is entered the particulars from the Form 44 which respondents have sent him or whether as the learned trial Judge conjectured

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