UNITED OVERSEAS BANK (MALAYSIA) BHD v K-PINTAR SDN BHD

ba-28ncc-547-10-2023 High Court (Mahkamah Tinggi) 23 April 2025 • BA-28NCC-547-10/2023

Catchwords

Winding Up Petition – Default in repayment of banking facilities – Final judgement - Failure to satisfy judgement debt – Statutory Notice – Commercial solvency – Just and Equitable – Active business operation – Absence of bona fide dispute of debt – Enforceable court judgement – Reliance on outdated financial statement – Whether the Petitioner has established a statutory presumption of insolvency under Section 466(1)(a) Companies Act 2016 – Whether the Respondent has successfully rebutted that presumption by showing a bona fide dispute of the debt or genuine solvency – Whether any equitable or discretionary grounds justify refusing a winding up order – Special circumstances - Section 465(1)(e) Companies Act 2016 – Section 466 (1)(a) Companies Act 2016.

Practice Areas

Judges (1)

Raja Rozela binti Raja Toran Delivered

Parties (2)

K-PINTAR Sdn Bhd Respondent UNITED OVERSEAS BANK BHD Petitioner

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-28ncc-547-10-2023)