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IN THE HIGH COURT OF MALAYA AT KUALA LUMPUR (COMMERCIAL DIVISION) COMPANIES WINDING-UP NO.: WA-29NCC-373-05/2023 BETWEEN PERKARA: POH YANG HONG … PENGHUTANG PENGHAKIMAN AND EX-PARTE: MALAYAN BANKING BERHAD … PEMIUTANG PENGHAKIMAN
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WA-29NCC-373-05/2023
High Court of Malaysia18 Mar 2024
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“: TETUAN PETER PEREIRA COUNSEL FOR THE JUDGMENT CREDITOR: BRIAN ERNEST CUMMING SOLICITORS FOR THE JUDGMENT CREDITOR: TETUAN GIDEON TAN RAZALI ZAINI Cases Referred to: - Legislation Referred to: ➢ Companies Act 2016 Decision date: 18 March 2024 **Note : Serial number will be used to verify the originality of this docume”
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IN THE HIGH COURT OF MALAYA AT KUALA LUMPUR (COMMERCIAL DIVISION) COMPANIES WINDING-UP NO.: WA-29NCC-373-05/2023 BETWEEN PERKARA: POH YANG HONG … PENGHUTANG PENGHAKIMAN AND EX-PARTE: MALAYAN BANKING BERHAD … PEMIUTANG PENGHAKIMAN
1
This is an appeal in Enclosure 26 by the Judgment Debtor (“JD”) against the decision of the Senior Assistant Registrar (“SAR”) given on 04.08.2023 allowing the Judgment Creditor’s (“JC”) ex-parte application in Enclosure 9 for leave to commence bankruptcy proceedings and issue a Bankruptcy Notice (“BN”) against the JD.
2
On 15.09.2023, the JD’s application to inter alia, set-aside the BN, in enclosure 7, was allowed by the learned SAR. Since the BN dated 02.05.2023 has been set aside, the order dated 04.08.2023 has been rendered academic.
3
The JC has filed a notice of appeal in Enclosure 31 to the judge in chambers against the order made by the learned SAR dated 15.09.2023, settling aside the bankruptcy notice.
4
The JC’s appeal in Enclosure 31 was dismissed by this court. Consequently, there is no BN or Bankruptcy proceedings before this Court. Since the Bankruptcy proceedings has been set-aside, likewise the order of the SAR dated 15.09.2023 is considered spent. Thus, it is no longer a valid order and ought to be set-aside.
5
For the above reasons, I allow the JD’s appeal in Enclosure 26 with costs. Dated 08 April 2025 ……………t.t.……………. Ahmad Murad Bin Abdul Aziz Judge High Court of Malaya Kuala Lumpur COUNSEL FOR THE JUDGMENT DEBTOR: PETER PEREIRA SOLICITORS FOR THE JUDGMENT DEBTOR: TETUAN PETER PEREIRA COUNSEL FOR THE JUDGMENT CREDITOR: BRIAN ERNEST CUMMING SOLICITORS FOR THE JUDGMENT CREDITOR: TETUAN GIDEON TAN RAZALI ZAINI Cases Referred to: - Legislation Referred to: ➢ Companies Act 2016 Decision date: 18 March 2024
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