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2001 MarsdenLR 564

HIGH COURT TAWAU
IN RE: LIM MAN KUI QUARRY SDN BHD


JUDGMENT

A. Introduction

1. On 22/04/1999 the Petitioners, namely, Lim Ten Yuen (LTY), Lim Ting Fui (LTF) and Lim Tin Yee (Tin Yee), filed their Petition of even date (Enclosure 1) seeking for the winding-up of Lim Man Kui Quarry Sdn. Bhd. (the Respondent) and other consequential relief.

2. That was followed by an ex-parte Summons in Chambers dated 22/04/1999 (Enclosure 3) praying for interim relief pending the disposal of the Petition. Having heard the ex-parte application I granted the following orders, namely:-

"(1) That Mr. Kevin How Kow (NRIC No. 480803-04-5313) and Mr. John Liaw Chee Shing (NRIC No. 460718-12-5003) both of Messrs Ernst & Young be appointed as the Provisional Liquidators of Lim Man Kui Quarry Sdn. Bhd. (the Company) pending the disposal of the Winding-up Petition filed herein pursuant to section 231 of the Companies Act, 1965 to manage, take possession, control and protect the assets of the Company which are not to be distributed until further order; and

(2) That the Provisional Liquidators shall be empowered to do the following:-

(a) to forthwith take into possession and custody all assets of the Company and to examine all the books, files and accounts of the said

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