SACC 825/1443
The court rejected a company's application to initiate liquidation proceedings against a debtor company due to the applicant's failure to provide evidence of the debtor's assets, which is a requirement to cover the expenses of the liquidation process.
Background
The plaintiff, representing a Construction Technologies Company, had filed a lawsuit against an Aluminum Systems Factory because it had purchased goods from the Construction Technologies Company and made partial payments, leaving an outstanding balance. Despite repeated demands for payment, the defendant had failed to settle the remaining amount. A lawsuit was filed for the claim, and a judgment was issued by the Dammam Court to pay the outstanding amount. However, the company had failed to comply with the judgment, leading to a request for its liquidation proceedings to be initiated.
In accordance with the provisions of Saudi Arabia Cabinet Decision No. 264/1439 and considering that the applicant company had failed to provide evidence of the existence of assets for the debtor company, this constituted a violation of one of the conditions for initiating liquidation proceedings, which is the presence of assets with the debtor company sufficient to cover the expenses of the liquidation proceedings.