[1] This appeal basically deals with the issue of whether the petition to wind up the appellant should be struck out under O 18 r 19 of the Rules of High (RHC) 1980. That rule provides for striking off on any pleading on grounds that it is frivolous, vexatious or an abuse of the process of the Court[1]. That O 18 r 19 applies to striking out a petition to wind up a company is well established[2]. In answering whether this petition to wind up the appellant has been filed on the grounds which are frivolous, vexatious or an abuse of the process of the Court, we will also have to consider the following questions. They are:-

a) Whether there was an inordinate delay in filing the application to strike out.

b) Refusal by the respondents to accept payments made into Court by the appellant.

[2] Leave was granted on three questions which will be quoted in the appropriate part of this judgment.

Facts Of The Case

[3] The respondents are twenty-two petitioners who had under one petition filed for the winding up of the appellant, a company registered as a public company on the ground that the Appellant has failed and neglected to pay a sum of RM5,453,924.75 which the appellant had by