Ramly Ali JC:

Introduction

[1] On 4 October 2000, the petitioner had filed a petition (encl 1) pursuant to s 218(1)(f) and (i) of the Companies Act 1965, for an order that the 2nd respondent be wound-up. The said petition was duly served on both the 1st and 2nd respondents on 18 October 2000. On 7 December 2000, both the respondents filed in their notice of intention to appear on petition, to oppose the said petition. The grounds of the objection against the petition are as stated in "the affidavit in opposition to the winding-up petition" dated, filed and served on 7 December 2000 and the respondents second affidavit-in-reply dated, filed and served on 12 December 2000, both affirmed by the 1st respondent.

[2] On the hearing date of the petition ie, 14 December 2000, the petitioner through his solicitor has raised a preliminary objection against both the respondents' affidavits on the grounds that the said affidavits had failed to comply with r 30(1) of the Companies (Winding-up) Rules 1972 (the 1972 Rules). The rule states that such affidavits should be served on the petitioner or his solicitor at least seven days before the time appointed for the hearing of the petition ie,