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2025 MarsdenLR 4018

HIGH COURT MALAYA KUALA LUMPUR
AMBANK ISLAMIC BERHAD – Appellant
Versus
WS RENT-A-CAR SDN BHD – Respondent


JUDGMENT

Hayatul Akmal Abdul Aziz J:

(Application In Enclosure 22)

(Petition To Wind Up In Enclosure 1)

A. Introduction

[1] The Petitioner had obtained a Judgment in Default of Appearance before the Sessions Court at Kuala Lumpur against the Defendant in the Civil Suit bearing number WA-B5M-659-04/2021.

[2] The Respondent did not apply to set aside the said Judgment; therefore, it remains binding on the Respondent.

[3] Messrs B.H.Gan, Nor & Kim, solicitors for the Petitioner, issued a demand for payment of the Judgment debt via its notice dated 9 January 2024 pursuant to s 465(1)(e) that is read together with s 466(1)(a) of the Companies Act 2016. The said notice was served on the Respondent at its registered address and its business address. The Respondent was given 21 days to pay the sum.

[4] The Respondent had failed to comply with the said statutory notice. This caused the Petitioner to file the Petition to Wind-Up the Respondent pursuant to ss 465(1)(e) and 466(1)(a) of the Companies Act 2016.

B. Application to Strike Out by the Respondent

(I) Grounds For Application To Strike Out The Petition By The Respondent

[5] The Respondent did file an application to strike out the Petition pursu


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