Sohan Yong for the Respondent v 1. ) Nur Hidayah Bt Mohamad Fauzi and K. Sheela T. Vinayaka Das for the Petitioner (COMPANIES (WINDING-UP) PETITION NO. WA-28NCC-438-07/2021)

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EVERLASTING COLOUR SDN BHD (COMPANY NO: 1223144-d)

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MATRIX TREASURE SDN BHD (COMPANY NO: 1285339-M) CRCC MALAYSIA BERHAD (COMPANY NO: 1022586-D) …INTERVENERS GROUNDS OF JUDGMENT (Enclosure 1)

In the Winding Up Petition in enclosure 1 (Petition), the Petitioner has applied pursuant to sections 465(1)(e) read with section 466(1) of the Companies Act 2016 to wind up the Respondent company.

Under the Notice of Motion in enclosure 19 (Enclosure 19), First Foresight Sdn Bhd, Matrix Treasure Sdn Bhd and Ruby Straits Sdn Bhd (Applicants) abovementioned had applied inter alia to appoint Ralph Ravin Rantnasamy to be appointed the liquidator of the Respondent. 3

The Petition was premised on a statutory notice dated 28.5.2021 (Notice) issued pursuant to sections 465(1)(e) read with section 466(1) of the Companies Act 2016 for an Adjudication Decision dated 6.5.2021 under the Construction Industry Payment and Adjudication Act 2012 for inter alia the sum of RM1,791,231.39 plus interest and costs.

An affidavit in Opposition to the Petition affirmed on 14.12.2021 in enclosure 22 (Enclosure 22) was filed by the Respondent, just a day before the hearing of the Petition on the alleged reason as submitted orally to this Court that the solicitors for the Respondent had just been appointed at the eleventh hour.

At the date of the hearing of the Petition on 15.12.2021, the learned counsel for Petitioner had objected to Enclosure 22 on the ground that the same was filed late. There were also 3 other supporting creditors present at the hearing of the Petition.

After hearing the respective parties counsel submit at the date of the hearing, this Court granted order in terms for both the Petition and Enclosure 19.

As the Petitioner has appealed against my said decision in Enclosure 19, herewith are my written grounds. Findings and Decision of this Court

In deciding on Enclosure 19, I had considered the said Enclosure 19 4 itself and the Affidavit in Support therein at enclosure 21 and found as follows:

8.1 the 1st Applicant is owed the sum of RM29,704,490.45 8.2 the 2nd Applicant is owed the sum of RM1,831,923.00; and 8.3 the 3rd Applicant is owed the sum of RM15,215,217.00 as can be seen in exhibits KCF-1 to KCF-3

I have also viewed and taken into consideration the curriculum vitae of Ralph Ravin Rantnasamy as seen in exhibit KCF-5 of the Affidavit in Support therein at enclosure 21 and find that he is a duly qualified and experience liquidator in the areas of corporate liquidation. There was however no curriculum vitae of Sundarasan a/l Arumugam in the Petition for this Court to view or compare the same.

In the circumstances, the determining factor in making my decision for Enclosure 19 was that 3 of the various supporting creditors i.e the Applicants, had filed Enclosure 19 for the proposed appointment of a private liquidator with their total combined debts of RM46.75 million owed to them as compared to the debt of the Petitioner which is only in the region of approximately RM2 million. Accordingly, this Court after hearing parties submit on the same, granted an order for Enclosure 19 and exercised its discretion under the Companies Act 2016 to appoint Ralph Ravin Rantnasamy as the liquidator of the Respondent company. 5

Wherefore, in the circumstances, this court granted an order in terms for paragraphs 1-5 of Enclosure 19 with no order as to costs. Dated: 15th day of December 2022 sgd. NADZARIN WOK NORDIN JUDICIAL COMMISSIONER KUALA LUMPUR HIGH COURT Parties: Nur Hidayah Bt Mohamad Fauzi and K. Sheela T. Vinayaka Das for the Petitioner [Messrs Lewis & Co.] Sohan Yong for the Respondent [Messrs T Tharuma & Assoc.) Kamraj Nagayam & Maya Gayathri for Geopancar Sdn Bhd, Supporting Creditor [Messrs Mah-Kamariyah & Philip Koh] Kooy Wei Nee for CRCC Malaysia Bhd, Supporting Creditor [Messrs David Gurupatham & Koay] Lum Man Chan and Chau Yen Shen for First Foresight, Ruby Straits Sdn Bhd & Matrix Treasure Sdn Bhd, Supporting Creditor [Messrs Halim Hong & Quek]