PEMIUTANG PENGHAKIMAN 1. ) Saling Bin Lau Bee Chiang 2. ) KAMIL BIN JANTAN 3. ) NORLIAH BINTI SALLEH 4. ) ANTOI BIN MABOT 5. ) MOHD NOR KAMISAN BIN WAHAB 6. ) TAN BIN JANTAN 7. ) SOOI TEE TOOTOI 8. ) SABTU BIN BATIN SALLEH 9. ) ISMAIL BIN J

PEMIUTANG PENGHAKIMAN 1. ) Saling Bin Lau Bee Chiang 2. ) KAMIL BIN JANTAN 3. ) NORLIAH BINTI SALLEH 4. ) ANTOI BIN MABOT 5. ) MOHD NOR KAMISAN BIN WAHAB 6. ) TAN BIN JANTAN 7. ) SOOI TEE TOOTOI 8. ) SABTU BIN BATIN SALLEH 9. ) ISMAIL BIN J

Deleting three named petitioning creditors from a multi-creditor Bankruptcy Notice and Creditor's Petition without application or court order changed the character of the petition and recharacterised the act of bankruptcy, thereby invalidating the Creditor's Petition and any Bankruptcy Order made pursuant thereto; appeals allowed and costs awarded.

Citation
WA-29NCC-306-03/2022 (Mahkamah Tinggi)
Parties
Judgment Debtor: Dinesh Kanavaji a/l Kanawagi; Judgment Creditors: Saling bin Lau Bee Chiang & 25 Ors; Judgment Creditor: Rabia bt Abdul Halim (JC18)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 March 2026
Case Number
WA-29NCC-306-03/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Appeal to High Court From Registrar's Refusal to Set Aside Creditor's Petition and Bankruptcy Order
Outcome
Appeals allowed; Creditor's Petition and Bankruptcy Order set aside as invalid.
Legal Topics
Creditor's Petition, Bankruptcy Notice, Amendment of Petition, Multiple Petitioning Creditors, Costs
Source Language
Malay/English
Bankruptcy Insolvency Civil Procedure Creditor's Petition Bankruptcy Notice Amendment of Petition Multiple Petitioning Creditors Costs

Case Brief

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Parties

Dinesh Kanavaji a/l Kanawagi

Judgment Debtor

Saling bin Lau Bee Chiang & 25 Ors

Judgment Creditors

Rabia bt Abdul Halim (JC18)

Judgment Creditor

Procedural Posture

Bankruptcy / Appeal to High Court From Registrar's Refusal to Set Aside Creditor's Petition and Bankruptcy Order

Legal Issues

  1. 1 Whether deletion of named petitioning creditors from the Creditor's Petition without court order changes the character of the petition
  2. 2 Whether the Creditor's Petition and resulting Bankruptcy Order are invalid due to recharacterisation of the act of bankruptcy
  3. 3 Whether an amendment deleting co-petitioners can be treated as a clerical/formal correction under s 93(3) BA 1967

Ratio Decidendi

Deleting three named petitioning creditors from a multi-creditor Bankruptcy Notice and Creditor's Petition without application or court order changed the character of the petition and recharacterised the act of bankruptcy, thereby invalidating the Creditor's Petition and any Bankruptcy Order made pursuant thereto; appeals allowed and costs awarded.

Court Disposition

Appeals allowed; Creditor's Petition and Bankruptcy Order set aside as invalid.

Orders

  • Allowed Encl 176 (appeal against refusal to set aside Creditor's Petition)
  • Allowed Encl 216 (appeal setting aside Bankruptcy Order)