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HIGH COURT MALAYA PULAU PINANG
RE: JIMAT JIMAT FRESH & FROZEN MART SDN BHD (IN LIQUIDATION)
| Table of Content |
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| 1. company seeks to terminate winding up order. (Para 1 , 2 , 3 , 4) |
| 2. relevant statutory provisions discussed. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. winding up order deemed unlawful. (Para 13 , 14 , 15) |
| 4. petitioner's objections to locus standi disputed. (Para 16 , 17 , 24 , 25) |
| 5. court finds applicants are contributories. (Para 18 , 19 , 20 , 22 , 23) |
| 6. application to terminate winding up granted. (Para 26) |
| 7. winding up order suffered legal shortcomings. (Para 27 , 28 , 29) |
Prelusion
[1] The subject company is Jimat Jimat Fresh & Frozen Mart Sdn Bhd (Company). The Company first filed an application to be placed under judicial management — for the Court to appoint a judicial manager to rescue it from its financial problems (JM Application). The Petitioner (B2B Finpal Sdn Bhd) then filed a winding up petition against the Company, in Companies (Winding Up) Petition No PA-28NCC-51-05/2023 (winding up Petition). The Company did not appear at the winding up Petition hearing. The winding up order was granted. The Company was put into liquidation.
[2] The shareholders of the Company (Applicants) now file an Amended Notice Of Motion to apply to terminate the wi
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