JUDGMENT

Enclosure 1 Of OS 387 And Enclosures 1, 15, 18 & 60 Of Winding-Up Petition)

Nadzarin Wok Nordin JC:

Introduction

[1] There are before this Court 2 related matters which have been heard together being Companies (Winding-Up) Petition No WA-28NCC-445-07/2021 (Petition) and Originating Summons No WA-24NCC-387-09/2021 (OS).

[2] In the OS which was filed on 9 September 2021, Ter Thian Ti ("TTT") the Plaintiff therein, who is also the 2nd Respondent in the Petition, had applied to this Court for inter alia a Fortuna Injunction against the Defendants therein, who are the Petitioner, Ter Chin Heng ("TCH") and Chipstar Holdings Sdn Bhd ("Company") who is the 1st Respondent in the Petition, either personally and/or its agents and/or employees be prevented from proceeding with the Petition dated 9 July 2021.

[3] The Petition which was filed on 9 July 2021, sought in encl 1 thereto an order that the Company be wound up pursuant to s 465(1)(h) of the Companies Act 2016 . In the Petition, apart from encl 1, various other enclosures were also fixed to be heard on the same day, namely encl 15 filed by TCH for an order inter alia that the Company be restrained from convening an extraordinary gen