A&A DINAR SDN.BHD. v RELTECH VENTURES SDN BHD

ba-28ncc-284-05-2024 High Court (Mahkamah Tinggi) 14 August 2025 • BA-28NCC-284-05/2024

Catchwords

Winding Up Petition – Failure to comply statutory demand raises statutory presumption of inability to pay debt – Debt founded on a final judgment that is undisputed and enforceable – Court is bound to grant winding up order unless there is fraud, illegality or other exception circumstances – Court should not go behind a valid judgement debt - Winding Up causes severe disruption of essential public transport system in Klang Valley – Contrary to public interest – Discretion of court under Section 465(1) Companies Act 2-16 to refuse a winding up order notwithstanding proof of insolvency – Exist genuine dispute of the debt – Bona fide effort to settle judgement sum – Commercial viable company with ongoing valuable contract – Demonstrate willingness to satisfy the judgement debt - Section 465 (1)(e) Companies Act 2016 - Section 466 (1) Companies Act 2016.

Practice Areas

Judges (1)

Raja Rozela binti Raja Toran Delivered

Parties (2)

A&A DINAR Sdn Bhd Petitioner RELTECH VENTURES Sdn Bhd Respondent

Judgment

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Source: eJudgment (ba-28ncc-284-05-2024)