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HIGH COURT MALAYA KUALA LUMPUR
IMPERO LAND SDN BHD – Appellant
Versus
ANEKA JARINGAN SDN BHD – Respondent
| Table of Content |
|---|
| 1. motion for injunction to restrain winding-up. (Para 1 , 2) |
| 2. facts regarding contractual obligations. (Para 3 , 4 , 5 , 6 , 7) |
| 3. legal grounds for granting injunction. (Para 8 , 9 , 10) |
| 4. assessment of disputes regarding retention sum. (Para 11 , 12 , 19 , 22) |
| 5. nature of debt following contract termination. (Para 18 , 20 , 21 , 23) |
A. Introduction
[1] The plaintiff filed an originating summons, seeking a Fortuna Injunction to restrain the defendant from presenting a winding-up petition or continuing with winding-up proceedings against it.
[2] The court dismissed the originating summons, after finding that the debt owed by the plaintiff to the defendant is an undisputed debt.
B. Background Facts
[3] By a letter of award dated 19 October 2020 ("Letter of Award"), the defendant was appointed by the plaintiff as a contractor for works involving the construction of a residential apartment in Pantai Dalam, Kuala Lumpur ("Project").
[4] The defendant claimed it ceased works due to non-payment by the plaintiff. The defendant initiated adjudication proceedings against the plaintiff, and an adjudication decision dated 30 June 2022 was issued in favour of the
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