Mokhtar Sidin JCA:

This is an application by the respondent by way of notice of motion dated 13 September 2000 to strike out the notice of appeal dated 19 May 2000 filed by the appellant. The notice of appeal was in respect of a decision by the learned judge of the High Court, Ipoh in Civil Suit No. 22-211- 1990 (hereinafter referred to as the "Ipoh civil suit"). It is to be noted that the record of appeal had been filed in this court and was also fixed for hearing. The ground to strike out the notice of appeal was that the appellant failed to abide to the mandatory provisions of s. 226(3) of the Companies Actread together with s. 67 of the Courts of Judicature Act 1964.

We have allowed this application earlier and we now give our reasons for doing so.

Before proceeding, we think it is necessary to give a brief summary of the appeal leading to this application. The respondent who was the plaintiff in the court below filed a writ of summons and statement of claim against the appellant claiming the amount insured for the respondent's building and the goods contained therein which were burnt down. The building and the goods were insured with the appellant and another insuranc