WA-28NCC-327-04/2024
High Court of Malaysia17 Jul 2024
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“verify the originality of this document via eFILING portal 2 JUDGMENT INTRODUCTION [1] Enclosure 1 is a Petition to wind-up the Respondent pursuant to section 465(1)(e) read with 466 1(a) of the Companies Act 2016 (“CA 2016”). The basis of the Petition is the failure by the Respondent to settle a judgement sum after th”
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IN THE HIGH COURT OF MALAYA AT KUALA LUMPUR (COMMERCIAL DIVISION) COMPANIES WINDING-UP NO.: WA-28NCC-327-04/2024 BETWEEN AMBANK ISLAMIC BERHAD (Company No.: 199401009897 [295576]-U) … PETITIONER AND EMRAZ TRAVEL & TOURS SDN BHD (Company No.: 201501003367 [1128699-H]) … RESPONDENT
1
Enclosure 1 is a Petition to wind-up the Respondent pursuant to section 465(1)(e) read with 466 1(a) of the Companies Act 2016 (“CA 2016”). The basis of the Petition is the failure by the Respondent to settle a judgement sum after the expiry of 21 days from the service of a statutory notice on the Respondent.
2
The Respondent is indebted to the Petitioner in the sum of RM6,807,911.10 as at 30.11.2023 being the amount due under the Judgment dated 6.2.2024 obtained against the Respondent at the High Court of Malaya at Kuala Lumpur vide Suit No. WA-22M-9-01/2024.
3
A Notice pursuant to Section 466(1)(a) of the Companies Act, 2016 dated 8.3.2024 (“Statutory Notice”) was served on the Respondent on 8.3.2024 at No. 558A, Jalan Samudra Utara 1, Taman Samudra, 68100 Batu Caves, Selangor being its registered address and at D-G-3A, Block D, Ayer @8, Jalan P8G, Presint 8, Putrajaya, 62250 W.P. Putrajaya being its principal place of business, requiring the company to pay the judgment sum within twenty-one (21) days from service of the Notice.
4
When the Respondent failed to satisfy the judgment sum after 21 days from service of the Statutory Notice above, the Petitioner filed this Petition to wind-up the Respondent.
5
The Petitioner obtained the Registrar’s Certificate under rule 32(1) of the Companies Winding-Up Rules 1972 (“the Rules”) on 21.05.2024, which is evidence that the Petitioner has fully compiled with all the provisions of the Rules.
6
The Respondent did not file any affidavit to oppose the Petition.
7
The Petitioner filed the list of persons intending to appear in Enclosure 10 on 16.06.2024. According to the list, no persons gave notice of their intention to appear.
8
On the hearing date of the Petition, since the Respondent did not file any affidavit to oppose the Petition and did not appoint any solicitor to represent the Respondent, the Petition was unopposed. Therefore, I allowed the Petition and granted the orders prayed for in paragraph 10 of the Petition. Dated 21 March 2025 …………t.t………………. Ahmad Murad Bin Abdul Aziz Judge High Court of Malaya Kuala Lumpur COUNSEL FOR THE PETITIONER: IZZAT ZAINAL SOLICITORS FOR THE PETITIONER: TETUAN SHOOK LIN & BOK COUNSEL FOR THE RESPONDENT: SOLICITORS FOR THE RESPONDENT: TETUAN Legislation Referred to: ➢ Companies Act 2016 ➢ Companies Winding-Up Rules 1972 Decision date: 17 Julai 2024
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