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1994 MarsdenLR 1887

ANUAR
KUMAGAI GUMI CO LTD – Appellant
Versus
ZENECON-KUMAGAI SDN BHD – Respondent


bJUDGMENT

Anuar J:

Preliminary

These are two petitions under the Companies Act, 1965 (which for convenience, I will, throughout this judgment, refer to as "the Act "). Petition No.D3-26-13-91 has been filed under s.181 of the Act and Petition No. D6-28-84-92 has been filed under s.218 of the Act. For brevity's sake, I will refer to each of them as the oppression petition and the winding-up petition respectively.

In order to appreciate the dispute in this case, it is necessary to identify the parties involved.

In the oppression petition, Kumagai-Gumi Co. Ltd. is the petitioner and the respondents are Zenecon-Kumagai Sendirian Berhad, Zenecon Sdn. Bhd., Low Hua Kin @ Loo Wah Kim, Cheah Woon Kwong, Loo Hoi Kin @ Liew Hoe Kin and Yu Hee Ming.

In the winding-up petition, the petitioner is Kumagai-Gumi Co. Ltd. and the company sought to be wound up is the 1st respondent in the oppression petition. For convenience, I will, throughout this judgment, be referring to Kumagai-Gumi Sdn. Bhd. as the Company, in reference to both petitions. References to other respondents will be in the order in which they appear in the oppression petition.

For convenience, I will, throughout this judgment,

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