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1998 MarsdenLR 134

HIGH COURT MALAYA KUALA LUMPUR
PT ANEKAPANGAN DWITAMA – Appellant
Versus
FAR EAST FOOD INDUSTRIES SDN BHD – Respondent


Petitioner Advocates:Matthias Chang ,Respondent Advocate: Ahmad Moosdeen,Chee Beng Hwa

JUDGMENT

Arifin Jaka J:

[1] This is a petition presented on 15 October 1993 by P.T. Anekapangan Dwitama, a company incorporated in Indonesia having its registered office at J1. Mangga Dua Raya Blok E 1/2 Jakarta Utara, Indonesia ('the petitioner') for the winding-up by the court under the provisions of the Companies Act 1965 ('the Act') of Far East Industries Sdn. Bhd. ('the company') on the ground that the company was unable to pay its debts and that in the circumstances it is just and equitable that the company be wound up. The petitioner also seeks an order that the official receiver may be appointed as the provisional liquidator and that the costs of this petition be paid out of the assets of the company.

[2] One of the objects for which the company was established is to carry on the business of manufacturers of all kinds of instant noodles, rice noodles, vermicelli and other edible products; and to carry on the business of canners, dealers, importers and exporters of preserved and canned foods of all descriptions malted food and milk products, tropical fruit preserves, jams marmalade, jellies, juices and syrups, confectionary, biscuits, toffees, chocolate and such like boiled swe

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