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2025 MarsdenLR 3841

HIGH COURT MALAYA JOHOR BAHRU
ELIXIR PROJECT SDN BHD – Appellant
Versus
JHE CONSTRUCTION (M) SDN BHD – Respondent


JUDGMENT

Nurulhuda Nur'aini Mohamad Nor J:

(Enclosure 27)

[1] This is a judgment by this court allowing enclosure 27 in this suit (suit "104" winding-up). Enclosure 27 was filed by the respondent for a stay of the Winding-Up Petition in encl 2 filed by the petitioner. The stay was sought pending the disposal of suit JA- 22C-3-05/2024 (hereafter referred to 'suit "3" to claim and to challenge) filed by the respondent before the Johor Bahru High court.

[2] The basis for allowing encl 27 by this court is that there is real likelihood of breach of natural justice that goes towards the determination on encl 2 "inability to pay" by the respondent in this present suit "104". More importantly, suit "3" by the respondent to claim and to challenge, was filed way earlier than this suit "104" winding-up.

[3] This Winding-Up Petition suit "104" by the petitioner is initiated based on an adjudication order dated 7 February 2024 in which an amount of debt claimed by the petitioner for a sum of RM2,002,663.98 was allowed by the AIAC (Asian International Arbitration Centre). This sum was highly disputed by the respondent that moved the filing of suit "3". To this date, with pre-trial case management com


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