JUDGMENT

Sulong Matjeraie JC:

At encl. 19, there is an application by way of a summons-in-chambers filed by the respondent for the order made by this court for the respondent to be wound up on 12 April 1999 be stayed until determination of the respondent's appeal against the said order. As such all further proceedings be stayed. The application is supported by an affidavit of Mr. Ng Kah Thin affirmed on 20 April 1999 ("the said affidavit") and filed herein at encl. 18.

The petitioner, through their learned counsel, Mr. Benson Ooi Jiun Dar however made preliminary objections on the following grounds:

1. The notice of appeal filed by respondent on 20 April 1999 and the summons-in-chambers dated 26 April 1999 are irregular;

2. The said affidavit is contrary to s. 243(1) of Companies Act 1965 ("of the Act");

3. The said affidavit failed to comply with O. 41 rr. 1(4) and 11 of the Rules of the High Court ("RHC");

4. The summon-in-chambers is mala fide.

Ground No 1

It is the submission of the learned counsel for the petitioner that under r. 7(1) of the Companies (Winding-Up) 1972 it says as follows:

Every application in Court, other than a petition, shall be made by motion and sha