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1993 MarsdenLR 1075

HIGH COURT MALAYA KUALA LUMPUR
TWENTY FIRST CENTURY OILS SDN BHD – Appellant
Versus
BANK OF COMMERCE (M) BHD & ORS (NO 2) – Respondent


Petitioner Advocates:Paul Ong,Harinder Kaur Veriah ,Respondent Advocate: N Chandran,Pushpa Menon

JUDGMENT

Abdul Malek Ahmad J:

[1] The applicant had by originating summons filed on 12 February 1993 applied for the following orders ex parte:

(a) that the applicant may be at liberty to convene separate meetings of its classes of creditors, and be at liberty to convene a meeting of its shareholders for the purpose of considering and if thought fit approving with or without modification the composite scheme of arrangement ("the Court Meetings") proposed to be made between the applicant and its creditors as defined in the composite scheme of arrangement pursuant to s 176 of the Companies Act 1965 (hereinafter "the Act");

(b) that the directions may be given as to the time, date and place of the Court Meetings and to the method of convening the applicant's Court Meetings;

(c) that Mr Gan Ah Tee failing him Mr Ooi Woon Chee both of Peat Marwick Consultants Sdn Bhd may be appointed as Chairman and the said Chairman be directed to report the results thereof to this Honourable Court;

(d) that the plaintiff or plaintiffs to the actions or proceedings against the applicant more specifically set out in exhibit "A-7" annexed to the affidavit herein and annexed to the originating summons and all a

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