KUALA LUMPUR (Oct 12): Wintoni Group Bhd's executive director Cheah Kwong Lee has applied to set aside the winding-up order issued by the High Court on the company on Aug 17.

In a filing to Bursa Malaysia, Wintoni said Cheah claimed that the Penang-based company was not given any notice of the winding-up process.

"In particular, it was not served with the statutory demand under section 466(1)(a) Companies Act 2016, it was not served with the petition and it was not served with a copy of the order," Cheah stated in his application.

Wintoni said Cheah also argued that the claims by the creditor on unpaid legal fees totalling RM516,488 is based on invoices which "Wintoni has no record of receipt, nor is there any record of any demand for the fees".

Wintoni announced on Oct 4 that it has been wound up upon petition by a legal firm, Messrs Syed Ibrahim & Co.

In its filing today, Wintoni said case management of Cheah's application was conducted at the court on Tuesday.

Wintoni's shares had been suspended from trading since May 9, after it failed to submit its financial reports on time.

Earlier in June, the company appointed an interim liquidator to facilitate a creditor's voluntary winding-up after its board decided that it could not continue its business due to its liabilities.

Facing possible delisting, Wintoni submitted a proposal to turn its financials around and set a new course for business direction, including a revamp of its board of directors, while stressing its intention to remain as an ongoing listed firm.

On June 29, Bursa Malaysia said it had decided to defer the delisting of Wintoni as it deliberated on the content of the company's appeal before arriving at a final decision.