Saheran Suhendran:

Introduction

[1] This matter concerns a petition ("the Petition") to wind up the Respondent ("Embition") for failing to satisfy an adjudication decision under the Construction Industry Payment and Adjudication Act 2012 ('CIPAA'). The Index hereof is as below.

Background Facts

[2] Pursuant to a Letter of Award dated 13 June 2018 ("LOA"), Embition appointed the Petitioner to carry out infrastructure works ("Works") in a project known as "Construction and Completion of Infrastructure Works for Cadangan Pembangunan (Guarded Community) on Lot 424, Mukim Ulu Kelang, Selangor Darul Ehsan" (the "Project"), see: Exhibit "CKL-1", Encl 21

[3] Embition claimed that the Works were delayed due to the Petitioner's breaches of the LOA. The Petitioner applied for extensions of time ("EOTs"), which were allowed by the project architect ("Architect"). The Architect also certified claims for variation orders ("VO Claims").

[4] Embition consistently disputed the VO Claims and the EOTs. The CIPAA Proceedings and the Arbitration.

[5] On 27 December 2022, the Petitioner made a claim against Embition for RM1,347,044.94 under s 5 of CIPAA. On 6 January 2023, Embition dispu