SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 MarsdenLR 6191

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


Advocates:
Eloise Tan Chiaw Ee (Low and Partners) for the applicant.
Dalwana Tyefla bt Yussof (Suhairi & Faizal Law Office) for the respondents.

Azizan Md Arshad JC:

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top