[1] This is an appeal by the 2nd plaintiff (the appellant) against the decision of the Kuala Lumpur High Court dated 1 July 2011 in allowing the defendant's (respondent's) application vide encl 18 to strike out the appellant's claim under O 18 r 19(1)(b) and (d) of the Rules of the High (RHC) 1980.

Facts Of The Case

[2] The appellant together with the 1st plaintiff were the wholly owned subsidiaries of Kiara Emas Asia Industries Berhad.Their main businesses are manufacturing, fabrication and assembly of body parts for buses, trucks, coaches, and sale and purchase of engine chassis.

[3] The new shareholders of Kiara Emas Asia Industries Berhad found out that there were sum of monies paid to the respondent based on issuance of false invoices.Therefore on 26 June 2009 the present suit was commenced against the respondent.The 1st plaintiff 's claim is for the sum of RM8,127,559.00 and the appellant's (the 2nd plaintiff) claim is for the sum of RM11,524,080.49. At the time of filing the suit, the 2nd plaintiff (the appellant) was wound up by a Court order dated 30 May 2006 and the Official Assignee was appointed a liquidator.The appellant had not obtained any leave either from the Court o