Mahadev Shankar JCA:

Judgment 1

[1] This is an appeal against an order to wind-up the appellant (the company). The company's application in the High Court for a stay of the winding-up proceedings was refused. The appeal was initially listed for hearing on 30 August 1997.

[2] In the High Court M/s Azhar & Wong filed a notice of intention to appear on petition on behalf of 98 "creditors" whose children were then studying in the Fairview Schools, and another such notice on behalf of 57 persons who were contributories each holding 50 shares in the company. Mr Davidson was instructed to represent them as counsel. They (the opposing contributories and creditors) opposed the petition. So did the company. There was no conflict of interest.

[3] The petitioners were also contributories of the company. Mr PS Sundram owned no shares in the company. He was the only person who appeared to support the petition. He had earlier filed a civil suit against the company which was still pending.

[4] After being served the appeal record the respondents filed a motion praying for an order that:

(i) the appeal be struck out on the ground that the persons who had brought it had no locus standi;

(ii) altern