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2006 MarsdenLR 3036 ; 2006 MarsdenLR 1

ABDUL WAHAB SAID
SCIENTEQUIP (M) SDN BHD – Appellant
Versus
PROPERTIES REVIEW SDN BHD – Respondent


Advocates:
For the petitioner - Harry Choe; M/s Ho Loke & Koh
For the respondent - Gunaseelan (R Samynathan with him); M/s Gunaseelan & Assoc

JUDGMENT

Abdul Wahab Said J:

[1] This winding up petition was filed by the petitioner against the respondent for the amount of RM227,156.15, being rental due under a tenancy agreement. The petitioner has complied with the provisions of r. 32 of the Companies (Winding-up) Rules and a registrar's certificate was duly issued.

[2] The respondent filed an affidavit-in-opposition and both parties had submitted on issues raised in the said affidavit on the day of hearing of the petition. The respondent raised three issues. The first issue was that the petition was invalid as it was not filed in Bahasa Malaysia. The second issue was that the affidavit verifying petition is invalid because it is not clear whether it was affirmed or given under oath. The respondent's learned counsel said that para. (1) of the affidavit verifying petition refers to "made oath" whereas the last paragraph says "affidavit". The third issue is that the s. 218 notice is irregular as it does not give the option to the respondent to compound or secure the said amount in the notice.

[3] In reply to the affidavit-in-opposition the petitioner said that firstly, the petition may be filed in English. Secondly, the affida

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