Ahmad Maarop JCA:

The Facts Of The Case

[1] The brief facts of the case are these. On 7 July 2005, the petitioner (respondent in this appeal) obtained a summary judgment against the respondent (appellant this appeal) and five other defendants for the sum of RM770,000 together with interest at 8% per annum from 18 December 2004 until full satisfaction and costs, in Pulau Pinang High Court Civil Suit No. 22-48-05. On 25 August 2005 the judgment sum together with interest stood at RM812,191.78.

[2] On 25 August 2005, the respondent served on the appellant a notice pursuant to s. 218 of the Companies Act 1965 (the Act), demanding payment of RM812,191.78 within 21 days from the date of service of the notice. The said period of 21 days lapsed and the appellant did pay not pay the sum demanded. The respondent did not receive any payment from the appellant. On 5 October 2005, the respondent filed the petition (encl. 1) to wind up the appellant. The petition and the affidavit verifying the petition were served on the appellant on 13 October 2005. The deputy registrar of the High Court issued a certificate dated 2 March 2006, certifying that all of the requirements under r. 32(1) of