JUDGMENT

Zakaria Yatim J:

In this petition the petitioner, Kimoyama Elektrik (M) Sdn. Bhd. is seeking the order of the Court to wind-up the respondent company, Metrobilt Construction Sdn. Bhd. (hereinafter referred to as `the company') on the ground that the company is unable to pay its debts.

There are other creditors of the company who attended the hearing of the petition. Three of the creditors, viz., Miliweb (M) Sdn. Bhd., Arab-Malaysian Merchant Bank Berhad and Syarikat Pembinaan Low Eng Moh Sdn. Bhd. are opposing the petition. One other creditor, Fullmark (M) Sdn. Bhd., (Fullmark) was also present at the hearing. Fullmark has given notice of its intention to support the petition.

At the commencement of the hearing of the petition, Mr. C.K. Tan, Counsel for Fullmark told the Court that Fullmark was withdrawing itself as a supporting creditor in the petition. Mr. Gurubachan Singh, Counsel for the petitioner objected to Fullmark withdrawing itself from supporting the petition. He said that a sum of RM50,000 had been paid by the company to Fullmark in settlement of the debt. He added that the company had also transferred a piece of property to Fullmark in addition to the amount p