JUDGMENT

Low Hop Bing J:

Petition

Before me is the petitioner's petition in encl. (1) to wind up the respondent under s 218(2)(a) of the Companies Act 1965 on ground of the respondent's inability to pay.

Unless the context otherwise requires, a reference to a section and a rule hereinafter is a reference to that section in the Companies Act 1965 and the rule in the Companies (Winding Up) Rules 1972 respectively.

Factual Background

The petitioner alleged that the respondent is indebted to him in the sum of RM395,740.24 ("the said sum"), for which the petitioner has served a three-week notice of demand dated 6 June 2001 issued and signed by its solicitor under s. 218(2)(a) ("statutory demand"), allegedly being the balance due for works done by the petitioner for the respondent from 1996 to 1998 in the development of 36 units of single-storey terrace houses on Lot 2075 Mukim of Bukit Lintang, Melaka ("the housing development").

The respondent did not pay the said sum and so the petitioner said that the respondent is unable to pay its debt.

These allegations of fact are contained in the petition. The petitioner has not obtained any judgment against the respondent for the said sum.

The respo