SEREMBAN: A petition to wind up the Mawar Haemodialysis Centre – one of the country’s largest non-profit entities – was dismissed by the High Court here because the petitioner has filed it a day before the expiry of a 21-day notice of demand to claim his dues from the management.
Judicial Commissioner Datuk Muhammad Jamil Hussin said the court had no other option but to dismiss the winding up order as it did not meet the statutory requirement under Sections 465 and 466 of the Companies Act.
“I have seen the petition and the affidavits and the main issue is whether the petitioner has fulfilled the 21-day statutory requirement when filing for the winding up of the company.
“I find that the winding up order was prematurely filed as it was done a day earlier,” he said.
Dr T. Jaideep Singh, a former specialist at the Mawar Medical Centre (MMC), had filed the petition after the Mawar Haemodialysis Centre failed to pay him for services rendered.
The Mawar Haemodialysis Centre also runs the private MMC.
Muhammad Jamil said the petition was filed on Nov 8, 2018, and under the Companies Act, it only took effect the following day, which was Nov 9, 2018, and should have expired only after 21 full days.
“But the winding up order was filed on Nov 29, which is a day earlier and this is premature,” he said.
In dismissing the petition, he also ordered the respondent to pay RM5,000 in costs.
Later, outside the court, defence counsel K.F Wong said with the judgment, Mawar’s 13 centres nationwide – which provide treatment to some 500 patients – could continue to operate.
“If the judgment has been against us, then we would have had to shut down all the centres as these are registered under us,” he said.
The headquarters of the Mawar Haemodialysis Centre here was ordered to be shut down by the Health Ministry on Feb 14.
This came after the management had on Jan 31 told its haemodialysis patients that it would be forced to stop treating them as it was unable to generate revenue after the ministry revoked MMC’s licence in November.
The MMC’s licence was revoked after all but one of its specialists resigned.
Counsel Puvarasan B.R. appeared for Dr Jaideep at yesterday’s proceedings.