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2010 MarsdenLR 3239

HIGH COURT MALAYA KUALA LUMPUR
PACIFIC & ORIENT INSURANCE CO BHD – Appellant
Versus
MUNIAMMAH MUNIANDY – Respondent


Petitioner Advocates:Melvin Selvam ,Respondent Advocate: Brijnandan Singh,Shailender Bhar

Table of Content
1. factual basis for injunctive relief application (Para 1 , 2 , 3)
2. defendant's resistance and legal precedents cited (Para 4 , 10 , 14)
3. principles governing injunctions related to winding-up petitions (Para 5 , 6 , 7 , 8 , 9 , 11 , 12)
4. application of fortuna principles in context (Para 13 , 15 , 16 , 17)
Mohamad Ariff Yusof J:

[1] The primary facts before me are quite commonplace. The plaintiff/applicant applied to this court for injunctive relief to restrain the defendant from filing a Winding-Up Petition against it. The defendant/respondent has a judgment already in its favour and is seeking to enforce the judgment by resorting to winding-up proceedings. The defendant has, at this stage, served a s. 218 notice under the Companies Act on the plaintiff. The plaintiff has failed to pay the judgment sum within the statutory period of 21 days of receipt of the notice. The plaintiff applies to the court for injunctive relief to restrain the defendant from proceeding further. The plaintiff has filed an appeal to the court of Appeal against the judgment, but at this stage has not obtained a stay of execution on the judgment. This court is informed that an application

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