4 Oct 2021
Dato’ Malik Imtiaz, S Raven, Lim Yvoone, Siti Nur Amirah Aqilah bt Adzman and Muhammad Ahnaf for the Applicant [Messrs S Ravenesan] PENCELAH Shahman Sangaran and Cheryl Leong for the Interveners, SBI Spectrum Sdn Bhd [Messrs Kumar Jaspal Qu
- Citation
- ORIGINATING SUMMONS NO. WA-28JM-7-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- ORIGINATING SUMMONS NO. WA-28JM-7-04/2021 (Mahkamah Tinggi)
The court held s403(b) of the Companies Act 2016 is plain and unambiguous: it excludes companies subject to the Capital Markets and Services Act 2007 (including listed companies) from the judicial management regime; further, secured creditors (here Maybank and See Song & Sons) properly established as secured creditors have a statutory right under s409(b) to oppose and thereby require dismissal of the judicial management application; accordingly the Applicant's OS is dismissed with costs.