Interpretation of Filing Time for Affidavit in Winding-Up Petition

Requirement of Rule 26

• According to Rule 26 of the Companies (Winding-Up) Rules 1972, the affidavit verifying a winding-up petition must be sworn after the petition is presented and filed within four days of the petition''s presentation. This indicates a strict timeline for compliance to ensure the affidavit is valid and supports the petition effectively PONTIAN UNITED THEATRE SDN BHD vs SOUTHERN FINANCE BERHAD (2006)SYARIKAT NEPTUNE ENTERPRISE SDN BHD vs TIMBERWELL ENTERPRISE SDN BHD (2011).

Definition of Days

• The term four days in this context is generally interpreted as calendar days, not specifically working days. This means that weekends and public holidays are included in the count unless otherwise specified by the court or relevant rules Delta Drive (M) Sdn Bhd vs Hong Leong Finance Bhd (2008).

Judicial Interpretation

• Judicial interpretations have emphasized that the affidavit must be filed within the stipulated four days to avoid rendering the affidavit void. The courts have clarified that the timing of the affidavit''s swearing and filing is critical to the validity of the petition, and any non-compliance can lead to significant procedural issues DELTA DRIVE (M) SDN BHD vs HONG LEONG FINANCE BHD (2007)LTK FACADE SPECIALIST SDN BHD LWN. AXISJAYA SDN BHD (LAMP 14) - Mahkamah Tinggi Malaya Shah Alam (2020).

Summary of Findings

• The requirement to file the affidavit verifying a winding-up petition within four days is based on calendar days, not limited to working days.
• Compliance with this rule is essential for the affidavit to be considered valid and to support the petition effectively.

Recommendations

• Ensure that the affidavit is sworn and filed within four calendar days of the petition''s presentation to avoid any procedural complications.
• Monitor the calendar closely to account for weekends and public holidays when calculating the four-day period.

References: - PONTIAN UNITED THEATRE SDN BHD vs SOUTHERN FINANCE BERHAD (2006) - Delta Drive (M) Sdn Bhd vs Hong Leong Finance Bhd (2008) - DELTA DRIVE (M) SDN BHD vs HONG LEONG FINANCE BHD (2007) - SYARIKAT NEPTUNE ENTERPRISE SDN BHD vs TIMBERWELL ENTERPRISE SDN BHD (2011) - LTK FACADE SPECIALIST SDN BHD LWN. AXISJAYA SDN BHD (LAMP 14) - Mahkamah Tinggi Malaya Shah Alam (2020)