[1] This judgment concerns 2 suits - Originating Summons No WA 24-NCC-410-09/2017 (OS 410) and Originating Summons No WA-24 NCC-411-09/2017 (OS 411). OS 410 and OS 411 were filed by the same Plaintiff pursuant to s 346 of the Companies Act 2016 . The facts surrounding both the Originating Summons relate to similar series of facts.

[2] The Plaintiff has filed 2 separate applications to convert the 2 Originating Summons into writ actions. I have allowed the applications. These are the full reasons for my decision.

Introduction

[3] In OS 410, the parties are as follows:

a) the Plaintiff is Datuk Kasi K L Palaniappan (DK);

b) the Defendants are:

i) the 1st Defendant is Modern Eden Sdn Bhd ("Modern Eden")

ii) the 2nd Defendant is Tan Sri Datuk Haji Mustapha Kamal Haji Abu Bakar ("TS MK");

iii) the 3rd Defendant is Felina Tan Sri Datuk Haji Mustapha Kamal ("Felina") who is TS MK's daughter;

iv) the 4th Defendant is MKN Holdings Sdn Bhd ("MKN Holdings"); and

v) the 5th Defendant is Setia Haruman Sdn Bhd ("Setia Haruman").

[4] The relief sought by DK in OS 410, among others, are:

a) declaration that the 2nd to the 4th Defendants respectively had managed and conducted the affairs of the 1st Defendant