HIGH COURT MALAYA KUALA LUMPUR
INTERMEDECO SDN BHD – Appellant
Versus
EXELLE MEDICAL SDN BHD (ENCLS 1 13 18 & 26) – Respondent
| Table of Content |
|---|
| 1. petition to wind-up based on undisputed statutory notice and existing claims. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioner argues debt is undisputed; respondent claims locus standi issue. (Para 7 , 8 , 9 , 10) |
| 3. court finds bona fide dispute exists, grounded in substantial legal principles. (Para 11 , 12 , 13 , 14 , 15 , 16) |
Introduction
[1] Enclosure 1 is a Petition to wind-up the Respondent based on a Statutory Notice served on the Respondent on 10 January 2024. Service of the Statutory Notice is not disputed.
[2] The Petitioner claims for a sum of RM127,007.58 allegedly due from the Respondent based on transactions under a Sub-Distribution Agreement.
[3] It is noted that the Petitioner did not obtain any judgment against the Respondent prior to filing this Petition. The Petitioner's claim is solely based on the Purchase Orders, Delivery Orders and Invoices issued by the Petitioner (see exhibits E, F and G of Encl 1).
[4] Prior to the filing of this Petition, the Parties have filed the following civil suits both in the Sessions Court and the High Court respectively:
a) A Kuala Lumpur Sessions Court suit case number of WA-A52NCC-4316-10/2023 ("Se
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