JUDGMENT

Atan Mustaffa Yussof Ahmad J:

[1] Before the court is an application for a Fortuna injunction to restrain the presentation of a winding-up petition pursuant to a statutory notice of demand issued under s 466(1) of the Companies Act 2016. The statutory notice was issued while civil proceedings between the parties claiming for the same debt are still pending before the Sessions court, where applications for stay of proceedings pending arbitration and assessment of damages for a wrongfully obtained Mareva injunction remain to be disposed of. The key issues before this court are whether there exists a bona fide dispute regarding the debt, whether the issuance of the statutory notice constitutes an abuse of process given the pending civil proceedings, and whether a Fortuna injunction should be granted in the circumstances.

Background Facts

[2] The salient facts leading to this application are as follows. The Plaintiff and Defendant entered into two vessel charterparty agreements dated 24 March 2022 and 27 August 2022 respectively. Both agreements contained arbitration clauses providing for disputes to be referred to the Kuala Lumpur Regional Centre for Arbitration. The arbitration