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HIGH COURT MALAYA KUANTAN
SITI ESAH TALIB – Appellant
Versus
MENTIGA CORPORATION BHD – Respondent
| Table of Content |
|---|
| 1. application to strike out winding up petition (Para 1 , 2 , 4) |
| 2. opposition from petitioner and supporting affidavits (Para 3 , 6) |
| 3. reference to previous case law (Para 5) |
| 4. court's analysis of the petition's bona fides (Para 7 , 9 , 10 , 12) |
| 5. assessing abuse of process related to winding up (Para 11 , 13 , 15) |
| 6. collateral purpose and creditor's petition (Para 14 , 17 , 19) |
| 7. decision to strike out petition (Para 16 , 20) |
[1] This is an application by way of notice of motion dated 12 June 2009 (encl 24A) by the respondent that the winding up petition dated 28 April 2008 (encl 2) be struck out and the costs of this application be taxed and be paid forthwith by the petitioner and for any other or further relief as this court deems just and necessary.
[2] The grounds of this application as raised in the said notice of motion are as follows:
(i) The respondent has the ability to pay the sum stated in the winding up petition;
(ii) The respondent had on 23 April 2009 issued a cheque in the amount of RM50,786.34 to the petitioner but was returned;
(iii) The petition is frivolous and is an abuse of the process;
(iv) The petitioner has no basis whatsoever to rel
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