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1990 MarsdenLR 889

HIGH COURT MALAYA, PENANG
CHUAH TEONG HOOI & ANOR – Appellant
Versus
EMPLOYEES PROVIDENT FUND BOARD – Respondent


JUDGMENT

Wan Adnan J:

This is an application under s. 183(3) of the Companies Act 1965 which states as follows:

(3) A receiver or manager of the property of a company may apply to the Court for directions in relation to any matter arising in connection with the performance of his functions.

The plaintiffs are the receivers and managers of Atlas Intek (M) Sdn. Bhd. (the company) appointed pursuant to the provisions of the debentures dated 13 August 1984 and 13 August 1985 (the debentures). The appointments were effective from 1 November 1985. The company is insolvent and unable to meet all its outstanding liabilities. At the time of the appointment of the plaintiffs as managers and receivers the liabilities of the company totalled RM133,908,000. Included in the liabilities are the following:

(i) the employer's monthly contributions provided in s. 7(1) of the Employees Provident Fund Act 1951 for the months of June to October 1985 in respect of employees of the company totalling RM163,489;

(ii) the employees' monthly contributions provided in s. 7(1) of the Employees Provident Fund Act 1951 for the same period in respect of the employees of the company totalling RM135, 968.

The total cos


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