HIGH COURT (PULAU PINANG)
AZIZAN MD ARSHAD, JC
Yew Sow Chee (mendakwa dalam kapasiti sendiri dan sebagai eksekutor wasiat Soon Eng Kooi (si mati)) & Anor – Appellant
Versus
Abd Samad bin Ahmad & Ors – Respondent
GROUNDS OF JUDGMENT
Introduction
[1]The Originating Summons (Enclosure 1) is made pursuant to Sections 515758102103106107346Companies Act 2016Section 41Specific Relief Act 1950
(a)That the termination of former secretary Lee Kin Nai [“LKN”] and the appointment of current company secretary D4 is cancelled and/or null and void;
(b)That P2 be registered and entered into records as a director and shareholder holding 36 shares / 40% in ABEST;
(c)A declaration that D1 is holding 27 shares / 30% in ABEST on trust for P2;
(d)That P2 and/or D3 buy out Plaintiffs’ shares in ABEST and a valuation be conducted by an independent valuer appointed by this Honourable Court taking into considerations the terms as described in Prayers 10 to 11 of Enclosure 1;
(e)That alternatively, ABEST be wound up and if this Honourable Court does order so, the liquidator nominated by Plaintiffs in Prayer 14 of Enclosure 1 be appointed as liquidator for this matter;
(f)That Defendants to pay to Plaintiffs damages which will be assessed by this Honourable Court;
(g)That costs be borne by Defendants; and
(h)Any other relief this Honourable Court deem fair and just to order.
[2]The Originating Summons (Enclo
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.