JUDGMENT

Kang Hwee Gee J:

[1] This is an application by the plaintiff for a Fortuna injunction to restrain the defendant from filing a winding-up petition under s. 218(1)(e) of the Companies Act 1965 upon the service of the statutory notice.

[2] An ex parte order had been granted on 29 January 2008 against the defendant on an urgent basis and today's hearing is inter partes.

[3] The grounds are as follows: (verbatim submission by counsel for the plaintiff)

(i) The plaintiff is not a creditor as defined by s. 217(1) of the Companies Act 1965. Section 217(1) reads as follows:

217. Application of winding up.

(1) A company (whether or not it is being wound up voluntarily) may be wound up under an order of the Court on the petition of:

(a) the company;

(b) any creditor, including a contingent or prospective creditor, of the company;

(c) a contributory or any person who is the personal representative of a deceased contributory or the trustee in bankruptcy or the Official Assignee of the estate of a bankrupt contributory;

(d) the liquidator;

(e) the Minister pursuant to section 205 or on the ground specified in section 218(1)(d);

(f) in the case of a company which is a licensed institutio