Abdul Wahab J

Ann Joo Metal Sdn Bhd had issued a notice of demand under s 218 of the Companies Act 1965 to the respondent Pembenaan MY 1981 Chahaya Sdn Bhd on 13 January 1998. No payment having been made, the petitioner filed a petition on 21 December 1998. The petition was served by leaving it at the registered address shown on the information supplied by the Registrar of Companies on search made on 24 December 1997.

The service above was made at 56A Jalan Burhanuddin Helmi, Taman Tun Dr Ismail, Kuala Lumpur on 8 January 1999.

The respondent filed affidavits opposing the petition on 12 May 1999 ('the first affidavit') and on 31 May 1999 ('the second affidavit').

In the first affidavit the grounds were:

(1) That the notice of demand was served upon the address shown in the notice, which service was defective because the registered address of the Respondent at that time was no longer the address in the notice of demand, but Room 405, 4th Floor, Kompleks Selangor, Jalan Sultan, 50000 Kuala Lumpur as evidenced by the return pursuant to s 165 of the Companies Act 1965 for the period up to 31 December 1996.

(2) The amount in the notice is not accurate, and

(3) The notice of demand does