JUDGMENT

[2] It is not customary in matters of this kind to seek to hand down full reasons for a ruling of this nature, but it seems to me desirable in the circumstances of this matter that I should do so, at least in brief outline.

[5] In the present case, it is quite clear from the procedural history outlined in the papers, that some considerable forbearance has been exercised in relation to the collection of the debt - for that, as counsel for the applicant squarely acknowledged, is the applicant's intention, as it is permitted to do, in instituting these proceedings. The position moreover is as I have indicated, there has been no response, without explanation, to the section 345 notice, nor is there any adequate explanation as to why this application served on 11 November 2008 elicited no evident reaction until today.

[7] As regards the merits of the matter, as I have indicated, in  my view a  good  case  is  made out and  I  have accordingly that a provisional winding-up should issue i the terms indicated in the draft marked "X".