[1] This is an application by the respondent for the striking out of a windingup petition filed by the petitioners against the respondent on the ground of multiplicity of proceedings and an abuse of process. I heard the application on 2 August 2016 and allowed the same at the conclusion of the proceeding and gave the key and broad reasons for the decision. This judgment contains the full reasons for my decision, which includes analysis on the validity of concurrent proceedings under ss 181 and 218 of the Companies Act 1965 .

Key Background Facts

[2] On 20 April 2016, the petitioners commenced proceedings under s 181 of the Companies Act 1965 ("the CA ") vide KLHC OS No: WA- 24NCC-164-04-2016 against, inter alia, the respondent, contending that the affairs of the company are being conducted or the powers of its Directors are being exercised in a manner oppressive to the petitioners and certain acts of the company had unfairly discriminated against or are otherwise prejudicial to the petitioners. The petitioners prayed for an order, inter alia, that an injunction be issued to restrain an adjourned extraordinary general meeting ("EGM") of the respondent intended to approve the allo