Case Summary

The appellant was indebted to the respondent, a finance company in the sum of RM3,908,860.31 as at 26 January 1998. On 24 June 1998 the respondent's solicitors served on the appellant a notice pursuant to s 218 of the Companies Act 1965 requiring the appellant to pay the aforesaid sum. The appellant however did not make any payment. Thus, on 26 November 1998, the respondent presented a petition to wind up the appellant. The appellant's solicitors served on the respondent's solicitors a copy of notice of intention to appear and of intention to raise a preliminary objection, namely, that there was non-compliance with r 26 of the Companies (Winding Up) Rules 1972 (‘Rules’) on the part of the