(iv) in Lafarge Concrete (Malaysia) Sdn Bhd v. Gold Trend Builders Sdn Bhd [2011] 1 LNS 1763; [2012] 6 MLJ 817, Jeffrey Tan JCA pronounced: [6] Before we proceed to answer those questions, we should perhaps say that 'a creditor is not required to obtain a judgment before serving a statutory demand...' (The Law of Company Liquidation (4th Ed), by Andrew R. Keay at p. 83) and 'whether or not judgment had been obtained, an unpaid creditor is, as a general rule, entitled to a winding-up order against a company which is insolvent' (The Law of Company Liquidation (4th Ed), by Andrew R. Keay at p 91). Where there is no judgment, it is not uncommon for companies to argue that the debt is disputed. But 'in order to oppose a winding-up petition, the respondent must raise a bona fide dispute in both a subjective and objective sense. It must be honestly believed to exist and must be based on substantial or reasonable grounds - BMC Construction Sdn Bhd v. Dataran Rentas Sdn Bhd [2001] 1 CLJ 591; [2001] 1 MLJ 356' (Chan & Koh on Malaysian Company Law (2nd Ed) , at para 22.145).” (Emphasis added) [26] The Winding-up Petition had been filed based on an adjudication decision that was enforced and confirmed by the Kuala Lumpur High Court through a Court Order dated 30.6.2022 under Section 28 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) which reads as follows:- “28. Enforcement of adjudication decision as judgment 1) A party may enforce an adjudication decision by applying to the High Court for an order to enforce the adjudication decision as if it is a judgment or order of the High Court. 2) The High Court may make an order in respect of the adjudication decision either wholly or partly and may make an order in respect of interest on the adjudicated amount payable. 3) The order made under subsection (2) may be executed in accordance with the rules on execution of the orders or judgment of the High Court.” [27] The Plaintiff had contended that the debt is bona fide disputed in view of the arbitration proceeding commenced against the Defendant. [28] In principle, a debt that has been admitted, cannot be considered a disputed debt based on which the grant of an injunction to restrain the presentation of a winding-up petition would be justified. Any application to grant the order under such circumstances should be regarded as an abuse of process of the court. (See Ibai Golf & Country Club Bhd v. Laman Kejora Sdn Bhd [2019] 1 LNS 246). [29] Once a debt is shown not to be bona fide disputed, the refusal to pay such debt would axiomatically entitle the petitioner to pursue the winding up petition against the respondent debtor (see Karisma Synergy Sdn Bhd v. Gates PCM Construction (M) Sdn Bhd [2019] 1 CLJ 122). [30] An arbitration proceeding or a cross-claim is not a factor justifying the grant of fortuna injunction as was held in the Court of Appeal case of Sime Darby Energy Solution Sdn Bhd v. RZH Setia Jaya Sdn Bhd [2021] 9 CLJ 880 as follows:- “[50] With respect, to our minds, this does not equate to entitling the party ordered to make payment under the AD to an order to restrain the successful party from presenting a winding-up petition as the former has a statutory right to challenge the statutory notice or petition before the winding-up court. Until and unless the AD is set aside, it can in law form the basis for the statutory notice which was the position in the present instance. Whether or not the respondent had a bona fide cross-claim against the appellant on merits to challenge the petition is a matter to be adjudged by the winding-up court. We are not convinced that an unproven cross-claim can be the basis for restraining the filing of a winding-up petition based on a valid and enforceable AD. … [59] In the circumstances, our decision would be that the LJC had erred in principle in failing to consider or correctly apply established principles and criteria for the grant of a FI against the enforcement of a proven judgment debt based on an AD contrary to the object and intention of the CIPAA for expeditious payments of proven construction claims. In our view, the LJC was plainly wrong in failing to strictly apply the principle expressly pronounced in Likas Bay (supra) on the basic premise of the right of the respondent as the losing party in the adjudication proceeding to pursue court action or arbitration that may eventually prevail over or reverse the AD. This is an uncertain event that should not be used to preclude the statutory right of the appellant to pursue a winding-up action.” [31] It is also settled law that relevant consideration be given by this court to the applicant’s conduct and promptitude in moving the court for an injunction. A party seeking an injunction or a stay of execution must act timeously. [32] In the present case, the Adjudication Decision was delivered on 13.12.2021 and an OS for the Enforcement of AD had been filed by the Defendant on 6.1.2022 which was granted by the High Court on 30.6.2022. The Plaintiff had filed OS to set aside the AD (“SP 123”) as well as to stay the AD (“SP128”), SP123 was dismissed by the High Court on 30.6.2022 whilst SP128 was dismissed on 24.11.2022. The Plaintiff did not appeal against the said decisions of the High Court. [33] It was not disputed that the Plaintiff had failed and/or refused to comply with the Enforcement Order which had led the Defendant to issue the Statutory Notice dated 31.1.2023. It was only after receiving the said statutory notice had the Plaintiff commenced the Arbitration Proceeding against the Defendant via originating summons dated 13.3.2023. [34] The Plaintiff, at all material time, had knowledge of the Winding Up Petition commenced against it since 3.4.2023 and had every opportunity to challenge the Winding Up Petition before the winding up court. The matter of a pending arbitration proceeding could be brought to the attention of the court by the Plaintiff during the Winding Up proceeding. However, the Plaintiff had deliberately ignore the entire proceeding and chose not to appear in court on the petition hearing date set for 26.6.2023. In the circumstances, it is in my considered view that the Plaintiff’s conduct is not consistent with their stance that it would suffer irreparable loss and/or damage should an injunction not be granted to restrain enforcement of the Winding Up Order. [35] In any event, even if the Plaintiff were to succeed in the arbitration proceeding, the purported amount of the LAD claimed against the Defendant was only for the total sum of RM1,562,037.10. The amount of which is less than the debt claimed by the Defendant under the Winding Up Petition which was between RM1,900,000.00 to RM2,000,000.00. The sum owed by the Plaintiff was thus still above the minimum statutory winding up threshold under the law, beyond which a winding up may be pursued (see the case of Karisma Synergy Sdn Bhd v. Gates PCM Construction (M) Sdn Bhd [supra]).