Rohana Yusuf J:

[1] Enclosure 2 is an application by the plaintiff for an interim injunction to restrain the defendant and its servants or agents from filing, presenting, advertising and or prosecuting a winding up petition against the plaintiff.

Background Facts

The defendant vide letter of offer in exh. CWM07 offered the plaintiff, a revolving trade line facilities up to a sum of RM5,600,000. In accordance with cl. (v) in the letter of offer, the plaintiff had utilised the said facilities on 17 separate occasions. In each of the transactions, the plaintiff had requested the defendant to purchase goods, mainly lighting products from a particular supplier, based on the quotations, proforma invoices or sale contracts. The defendant would accordingly purchase the required lighting products from the supplier, upon an undertaking that the plaintiff would buy the same from the defendant. This undertaking is made under the 'Promise to Purchase Agreement' (see exh. KIH1). The Promise to Purchase Agreement, (see cls. 1 and 3) contemplates that the plaintiff will thereafter, enter into a sale and purchase agreement to buy the said lighting products from the defendant. The terms of sale