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JUDGMENT

Wan Hamzah J:

The appellant served on the respondent company a notice under the Companies Act 1965 (the Act) demanding payment of a sum of RM127,159 and notifying that action for the winding-up of the respondent company would be taken in the event that payment is not made within the stated time. The sum was the cost of bricks supplied. The respondent company did not pay any part of the amount claimed. Eventually the appellant filed a petition for the winding-up. But on the application of the respondent company the High Court granted an injunction restraining the appellant from advertising the petition. This appeal is brought against the grant of the injunction.

The learned High Court Judge stated his grounds for granting the injunction as follows:

The letter "J" dated 30 September 1986 (of the respondent company) in response to the statutory notice disputed the petitioner's claim of RM127,159 as being the outstanding balance of the purchase price of bricks sold and delivered and requested for full particulars. There was no response to all these letters, by the petitioner. In the light of these letters and the absence of any response on the part of the petitioner, I agreed

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