JUDGMENT

Noor Hisham Ismail J:

(Enclosure 1 And Enclosure 35)

Introduction

[1] There are two matters before this court.

[2] The first is the Petition for Winding Up dated 21 November 2022 (encl 1) filed by the petitioner ("P") against the respondent ("R") under s 465(1)(e) of the Companies Act 2016 ("CA 2016") for inability to pay debts and inability to meet the demands for the said debts within the stipulated period as stated in the Notice of Demand under s 466(1)(a) of CA 2016.

[3] The second is an application also by the petitioner by way of Notice of Motion dated 23 November 2023 (encl 35) to appoint a private liquidator for the respondent under ss 477, 478 and 479 of CA 2016.

The Factual Background

[4] By letter of award dated 27 November 2015, P appointed R as a subcontractor for structural steel works ("Work") in the MRT Kajang Line project ("Project") for a fixed maximum contract sum of RM4,541,670.00.

[5] Due to certain disputes over payment, P and R had both initiated actions against each other.

[6] R on 26 February 2018 had initiated an adjudication proceeding against P under the Construction Industry Payment Adjudication Act 2012 ("CIPAA").

[7] On 1 August 2018, the Adjudicator aw