Ramly Ali JC:

On 17 August 2001, the petitioner, (Emporium Jaya (Bentong) Sdn. Bhd., (in liquidation)) presented a winding-up petition against the respondent, Emporium Jaya (Jerantut) Sdn. Bhd., at the Temerloh High Court videCompanies (Winding-Up) Petition No: 28-4-2001. The said petition was signed by one Mr. Koh Kheng Mm, the liquidator of the petitioner. The petitioner alleged that the respondent was indebted to the petitioner in the sum of RM18,133.68. The petitioner also alleged that on or about 14 August 2001, the petitioner was informed that an attachment-before-proceedings were taken against the respondent, of which the Bailiff of the Temerloh Session Court had taken possession and attached the business premises of the respondent at Wisma Emporium Jaya, Jalan Kuantan, Jerantut, Pahang. The date of auction has been fixed on 22 August 2001. So, in the petition, the petitioner verily believed that the respondent is insolvent and is unable to pay its debt. The petitioner prays that the respondent be wound up on the grounds that the respondent is unable to pay its debt (s. 218(1)(e) of the Companies Act 1965) and it is just and equitable that respondent be wound-up (s. 2