Nik Hashim JCA:

[1] This judgment is delivered pursuant to s. 42 of the Courts of Judicature Act 1964 (Act 91) as Denis Ong Jiew Fook, JCA, who presided at the hearing of the appeal, has since retired.

[2] The undisputed facts are that the petition for winding-up was presented against the appellant after the service of a statutory notice under s. 218 of the Companies Act 1965 (the Act) on the appellant requiring payment of RM1,117,179.68 based on a judgment obtained by the respondent dated 11 June 2003 which had been converted from an arbitral award pursuant to s. 27 of the Arbitration Act 1950.

[3] The appellant had, after service of the statutory notice but before the filing of the petition, filed a cross-claim against the respondent in High Court Pulau Pinang Civil Suit No. 22-597-2003 (MT4) for RM2,107,171.67 special damages and general damages.

[4] An application to set aside that arbitral award for misconduct under s. 24 of the Arbitration Act 1950 was then the subject of civil appeal P-02-905-2002 in the Court of Appeal. On 22 June 2004 the Court of Appeal dismissed the appeal.

[5] Both the High Court and the Court of Appeal had before the filing of the cross-claim