Siti Norma Yaakob JCA:

This appeal has a chequered and troubled history. It started off, in relation to the instant appeal, with the appellant filing an originating summons against the respondent on 30 March 1993, seeking replies to three questions that they had posed to the High Court. The three questions relate to an order of court dated 19 November 1979, ("the winding up order") wherein on the petition of the respondent, a judgment creditor, in Companies Winding-Up No. 34 of 1979, Selvam Holdings (M) Sdn. Bhd. ("the company") was ordered to be wound up and the official receiver appointed the Provisional Liquidator of the Company. At that point in time, the only entity registered with the registrar of companies was the appellant, Selvam Holdings (Malaysia) Sdn. Bhd. There was no entity known as Selvam Holdings (M) Sdn. Bhd., the company that was ordered to be wound-up. From our reading and understanding of the petition itself, it is very clear that the respondent intended to wind up the appellant but a non-existent entity that used the abbreviation (M) as part of its name was wound up instead.

To correct the misapprehension that the appellant and the company were one an