Gopal Sri Ram JCA:

[1] This is the judgment of the court.

[2] As long ago as December 1980 the respondents (defendants in the court below) placed RM21,350 on deposit with the appellant bank (plaintiff in the court below). Some 27 years later on 11 September 2006 the defendants' solicitor issued a notice making demand of the aforesaid sum pursuant to s. 218 of the Companies Act 1965. Failure on the part of the plaintiff to comply with the demand would, of course, have meant that the defendants would have been entitled to file a petition to wind up the plaintiff bank. So, the plaintiff went into court on 2 October 2006 with an originating summons claiming, inter alia, a declaration that the sum claimed by the defendants was not owing by it and other consequential relief including an injunction restraining the defendants from instituting and presenting winding up proceedings. In their affidavits filed in answer to the summons the defendants raised a counter claim. They were entitled to do so under O. 28 r. 7 of the Rules of the High Court 1980. Following an exchange of affidavits, the parties presented arguments to the learned judge who heard the summons. Later, the learned j