JUDGMENT

Ahmad Murad Abdul Aziz J:

Introduction

[1] Enclosure 1 is a Petition to wind up the Respondent pursuant to s 465(1)(e) read with s 466(1)(a) of the Companies Act 2016 (CA 2016). This petition is premised on the failure by the Respondent to settle a judgment sum after the expiry of 21 days from service of a statutory notice under s 466(1)(a) of the Companies Act 2016 on the Respondent.

Background Facts

[2] The Petitioner obtained a judgment against the Respondent in Suit No WA-22NCC-549-10/2022 on 13 April 2023 ("the Judgment"). The Judgment is for the sum of RM4,400,298.75 together with interest and costs.

[3] Till the date of hearing of this Petition, the Respondent has not filed any appeal against the Judgment.

[4] The Petitioner issued and served a notice pursuant to s 466(1)(a) of the CA 2016 ("Statutory Notice") on the Respondent on 8 June 2023 demanding payment of the Judgment sum within 21 days of service of the Statutory Notice.

[5] Upon expiry of the 21 days and the failure by the Respondent to pay the Judgment sum, the Petitioner filed this Petition.

The Law

[6] It is trite law that a failure by the Respondent to pay the sums demanded under the statutory notice will trigge