Ramly Ali J:

The Petition

[1] The present petition filed by the petitioner under s 181 of the Companies Act 1965 against all the respondents for the following orders, namely:

(1) that an independent auditor be appointed to investigate and audit the accounts of the 5th respondent company from 1995 to the date of the order to be made herein at the expense of the 5th respondent;

(2) that the 1st respondent and the 2nd respondent be made to pay the 5th respondent company all sums found to be due and owing from themselves, if any, upon that independent auditor concluding his investigation, which sums will include all sums unaccounted for;

(3) that the 1st respondent and/or the 2nd respondent be ordered to pay such interest on the sums found to be due and owing to the 5th respondent company at such rate and for such period as this court deems fit;

(4) a declaration that the 2nd respondent is holding 792,500 shares in the 5th respondent company on trust for the petitioner;

(5) that the 2nd respondent be ordered to transfer the 792,500 shares of the 5th respondent company being held by him back to the petitioner;

(6) a declaration that the resolutions passed at the January 2003 Meeting and