JUDGMENT

Adlin Abdul Majid J:

A. Introduction

[1] The plaintiff filed an originating summons, seeking a Fortuna Injunction to restrain the defendant from commencing 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] The plaintiff appointed the defendant as a contractor in relation to the construction of a service condominium at Genting Permai, Mukim Bentong, Daerah Bentong, Pahang ("Project"). The plaintiff and the defendant entered into the following agreements:

a. A Subcontract Agreement And Conditions of PAM Contract 2006 (With Quantities) ("Main Contract 1"), pursuant to which the plaintiff appointed the defendant as its main contractor to perform and complete the main building works for the Project ("Main Contract Works 1"); and

b. A Letter of Award dated 30 June 2015 and the Agreement And Conditions of PAM Contract 2006 (With Quantities) (collectively, the "Main Contract 2"), pursuant to which the plaintiff appointed the defendant as its contractor in relation to the construction and completion of earthworks, retaining w