Ramly Ali JCA:

[1] This is an appeal against the decision of the learned judge of the Kuala Lumpur High Court (KL - D8) dated 17 January 2008 in setting aside the winding - up order earlier made by the Ipoh High Court on 21 June 2007 vide the Ipoh High Court Companies (Winding - Up) Petition No: 28 - 1 - 2007 (Ipoh Winding - Up) against the respondent.

Factual Background

[2] The appellant is a sub - contractor for the respondent who was the main contractor for the Flood Mitigation Works carried out for the benefit of the Department of Irrigation and Drainage Malaysia, at Kampung Gajah, Teluk Intan, Perak Darul Ridzuan.

[3] It is not in dispute that the respondent owed the appellant a sum of RM479,825. 52. The appellant then issued a statutory notice pursuant to s 218(1)(e) of the Companies Act 1965 and served it on the respondent on 5 October 2006. The respondent did not pay the debt even after expiry of the 21 days.

[4] On 5 January 2007, the appellant filed a winding up Petition No: 28 - 1 - 2007 at the Ipoh High Court and the petition was fixed for hearing on 21 June 2007. The said petition was duly served on the respondent on 23 February 2007. The Ipoh High Court then issued