SULONG JC:

A petition was presented to this court towind up Delta Drive (M) Sdn Bhd (‘the company’). The company has an authorised capital of RM500,000 divided into 500,000 shares of RM1 each. Its paid up capital is RM250,000. The company is alleged to be indebted to the petitioner for a sum of RM3,908,806.31calculated as at 26 January 1998.

There were two supporting creditors Sin Kian Contractor (M) Sdn Bhd and Wei Sin Construction Sdn Bhd, both for allegedly substantial amount. They have handed over Form 9 as required by r 29 of the Companies(Winding-up) Rules 19721999 listing the names and addresses of persons who have given notice of their intention to appear.

The counsel for the company served onto the counsel for the petitioner a letter dated10 February 1999 enclosing a copy of their notice of intention to appear on petition. It was further stated therein that they would wish to put the petitioner's counsel on notice that they intend to raise a preliminary objection to the said petition. Tothis the petitioner's counsel replied pointing out Bar Council Rulings 1997 Part (H) cl 19c requesting for details of the objection.

Counsel for the company responded on 12 February 1999 notify