Jeffrey Tan J:

This is the petitioner's petition dated 16 September 1998, for an order winding up the respondent company, on the ground that the respondent is unable to pay its debts. The background facts and arguments appear as follows.

According to the petitioner, the respondent is indebted to the petitioner in the sum of RM173,096.18, it being the sum due and owing to petitioner in respect of four unpaid progress payment certificates (payment certificates Nos 5-8) for building works executed by the petitioner and it also being the sum demanded from the respondent by the petitioner's s. 218(2)(a) of the Companies Act 1965(Act) notice dated 29 July 1998, the respondent has for three weeks thereafter receipt of the said notice neglected to pay the said sum, and, the respondent is unable to pay its debts.

In its affidavits opposing the petition, the respondent denied that the sum of RM173,096.18 is due and owing to the petitioner. The respondent exhibited, (i) the respondent's reply dated 31 July 1998 (encl. 11 exh. "T-1") to the petitioner's statutory notice, and, (ii) the respondent's writ of summons dated 29 October 1998 (encl. 11 exh. "T-2") claiming from the petitioner