Enclosures 10 And 13

[1] The petitioner issued various notices to the respondent under s 218 of the Companies Act 1965 ('s 218 notice(s)') claiming the amounts stipulated in the notices as a debt due for goods sold and delivered to the respondent. The final amount stipulated as due and owing was RM479,709.97, whereby the petitioner abandoned its claim for interest on the outstanding amount. As the respondent did not pay within the period allowed, the petitioner filed these proceedings to wind up the respondent.

[2] The respondent then filed the two applications herein vide encls 10 and 13 respectively to strike out the petition and to restrain the petitioner from proceeding against the respondent with winding up proceedings. The grounds on which the two applications were based are contained in the supporting affidavits of the respondent and are elaborated upon in the submissions of counsel for the respondent. In a nutshell, the respondent contended that as it disputed the amount said to be due and owing and as the petitioner had failed to obtain judgment for the amount prior to bringing these winding up proceedings against the respondent, there was a serious que