Shankar J

This is an application by the Petitioner for a Winding up Order of the Respondent Company.

The Petitioner is a building contractor. On or about October 24, 1983 the Petitioner entered into a formal building contract with the Respondents. The Petitioner is referred to in this contract as the contractor and will be referred to in this Judgment as such. The Respondent is referred to in the contract as the employer but will be referred to herein as the Company. The contract is in the form issued under sanction of Pertubuhan Arkitek Malaysia and the Institute of Surveyors. It is of the series described as "private edition without quantities." The Articles of Agreement and the conditions are somewhat complex running into some 20 pages of closely printed material.

But so far as it is relevant to the present application I need only state that under this contract the contractor was to build 147 units of mixed housing development at Lot No. 101 Mukim of Senai, Kulai, Daerah Johor Bahru at a cost of $5,724,881.40. The architect under the contract was Kumpulan Sivik Arkitek, 3rd Floor, TWU Building, Petaling Jaya, Selangor.

The works under the contract were to commence on or about No