Zakaria Yatim J:

This is an application by the respondent company for an order of the Court that the petition filed by the petitioner to wind-up the respondent company be struck off and/or dismissed with costs under O. 18 r. 19 of the Rules of the High Court 1980 and under the inherent jurisdiction of the Court.

The respondent is a company registered in Malaysia and carries on the business of a housing developer. Its registered address is Suite D23, 2nd floor, Plaza Pekeliling, Jalan Tun Razak, Kuala Lumpur.

The petitioner is a contractor who, under an agreement, carried out works for the respondent company at Lot. 1055, 9th mile, Jalan Cheras, Kuala Lumpur.

The petitioner issued a notice to the respondent company under s. 218 of the Companies Act, 1965 demanding the respondent company to pay the petitioner, within twenty-one days from the date of the service of the notice, a sum of RM2,938,651.97 (RM1,354,202.39 being balance of contract price together with the sum of RM1,584,449.58 being balance of agreed interest and other charges from 30 June 1986 to 31 August 1987) together with interest thereon at the rate of 8% per annum from 1 September 1987.

On 12 October 1987 the