JUDGMENT

Celestina Stuel Galid J:

Introduction

[1] The applicant has appealed against this court's decision in striking out their notice of motion application pursuant to s 477 of the Companies Act 2016 ("CA 2016") for the appointment of private liquidators of the respondent company.

Salient Background Facts

[2] On 4 October 2024, the petitioner petitioned to wind up the respondent company pursuant to ss 465(1)(e) and 466(1)(a) of the CA 2016 based on an Adjudication Award dated 12 December 2023 in the sum of RM23,253,000.00 ("the Award") which was affirmed by the High court on 10 July 2024.

[3] The petition was later amended on 28 January 2025 before the petitioner obtained the requisite Registrar's Certificate under r 32(1) of the Companies (Winding-Up) Rules 1972 ("Rules") on 28 February 2025.

[4] Apart from the respondent, there was no other notice of intention to appear filed before the date of the hearing on 11 April 2025 as required under r 28(1) of the Rules and or the adjourned hearing on 20 June 2025 wherein after hearing the parties, the court fixed the decision on 31 July 2025.

[5] On 21 July 2025, the applicant, a creditor of the respondent, filed a notice of intention to appe