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COURT OF APPEAL PUTRAJAYA
ANJAKAN REZEKI SDN BHD – Appellant
Versus
UI LEAD SDN BHD – Respondent
| Table of Content |
|---|
| 1. appeal against winding up order (Para 1 , 2 , 3) |
| 2. background of the debt claim (Para 4 , 5) |
| 3. petitioner claims rm154,004.82 due and owing. (Para 6 , 7) |
| 4. arguments on the legality of the winding up petition (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 5. court’s observations on grounds for allowing appeal (Para 14 , 15 , 16 , 17) |
[1] This is an appeal by the appellant (respondent in the court below) against the decision of the learned High court Judge dated 13 May 2015 which had allowed the winding up of the appellant pursuant to a petition filed by the respondent herein (petitioner in the court below) under ss 218(e) and 218(2) of the Companies Act 1965 ( CA 1965).
[2] Having heard parties and after taking into consideration the Appeal Records, unanimously, we allowed the appeal with costs. Herein below are our reasons.
[3] Parties shall be referred to, as they were, in the High court.
Background
[4] The petitioner filed a winding up petition against the respondent in the High court. The claim by the petitioner against the respondent is for a sum of RM154,004.82 as due and owing by the respondent to the petitioner.
[5] There was never any judgment obtained by the petitioner a
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