JUDGMENT

Abdul Aziz bin Mohamad J:

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.

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 paragraphs 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