(Enclosure 1 - Petition)

Introduction

[1] This is a winding-up petition presented by AmBank (M) Berhad ["the Petitioner"] against Top Builders Capital Berhad ["the Respondent"], a public limited company incorporated under the Companies Act 1965, now governed by the Companies Act 2016 (" CA 2016"). The Petition is premised on ss 464(1)(b), 465(1)(e), and 466(1)(a) of the 2016.

[2] The Petitioner seeks an order that the Respondent be wound up on the ground that it is unable to pay its debts, following its failure to comply with a statutory notice of demand issued under s 466(1)(a).

Factual Background

[3] The Respondent was indebted to the Petitioner under several banking facilities. The Petitioner obtained the following judgments:

• High Court Suit WA-22NCC-184-04/2022: Judgment dated 24 August 2022 for RM862,805.79 (HPA 1) and RM3,403,699.85 (HPA2), with interest and cost