[1] This is an appeal against the decision of Penang High Court judge dated 6 August 2007 in granting an order in terms of the windingup petition (encl (1)) filed by Tan Soon Ping, (the petitioner/respondent in this appeal) in ordering Juara Aspirasi Sdn Bhd (the appellant in this appeal, subsequently referred to as 'the company') to be wound up. We dismissed this appeal for the following reasons.

[2] The background facts are these. On 1 November 2006 the petitioner filed a petition to wind up the company. The petitioner had on 4 February 2005 obtained judgment in the sum of RM47,288.64 against the company vide Penang High Court Civil Suit No 22-244 of 2004. Prior to the filing of the winding up petition (ie on 3 October 2006), the petitioner had, through his solicitors, issued a notice to the company under s 218 of Companies Act 1965 demanding payment of the judgment sum. The company had failed and neglected to pay the same or any part thereof to the petitioner In this situation the petitioner contended that the company was unable to pay its debts and that it was just and equitable for the company to be wound up.

[3] Six supporting creditors gave notice of their intention to attend