JUDGMENT

Abdul Aziz Mohamad J:

[1] On 19 November 1979, on the petition of Grant, Kenyon & Eckhardt Sdn Bhd in Companies Winding-up No 34/1979, a company cited as Selvam Holdings (M) Sdn Bhd was ordered to be wound up. On 25 August 1981, the first respondent and another were appointed liquidators of the company to succeed the Official Receiver, who had been appointed provisional liquidator on 19 November 1979. There was no company registered as Selvam Holdings (M) Sdn Bhd., but to the first and second respondents the company that was ordered to be wound up was Selvam Holdings (Malaysia) Sdn Bhd, and steps in the winding-up were accordingly taken on that basis, with the result that the property of Selvam Holdings (Malaysia) Sdn Bhd and the interests of its directors and shareholders were affected.

[2] With the exception of the fact that there was no company registered as Selvam Holdings (M) Sdn Bhd., all those facts are disclosed by the second part, comprising paras 14 to 22, of the affidavit in support of this application, which is represented to be the application of Selvam Holdings (Malaysia) Sdn Bhd, and which was filed on 26 August 1992, thirteen years after the winding- up