JUDGMENTBY: SELVENTHIRANATHAN JC

A petition (encl (1)) for the winding-up of the respondent company (the company) was presented on 13 October 1989. An order for its winding-up was made on 21 February 1991. The company and its contributories, who had given notice of intention to oppose the petition, did not oppose the making of the order.

After the presentation of the petition and prior to the making of the winding-up order, the petitioner as plaintiff had, on 1 August 1990, filed in the commercial division of the High Court civil suit D1-22-1171-90 (the civil suit) against the company as defendant. In it the petitioner claimed special and general damages, interest and costs. The claim was grounded on an alleged breach of contract by the company in the supply of battery casings to the petitioner. The sum originally claimed under the head of special damages was RM2,093,799.93 but this was amended to RM1,585,850.60 on 2 October 1990 as the petitioner admitted owing the company a sum of RM507,949.36 for goods supplied.

A cursory look at the petition reveals that among the particulars given of mismanagement of the company making it just and equitable for it to be wound up, was the