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

The deletion of three named petitioning creditors from a multi-creditor creditor's petition, without application to amend or court order, substantively changed the character of the creditor's petition as originally founded on a collective act of bankruptcy by 26 creditors; per Ambank v Lim Sue Beng this is fatal to the petition and renders the resultant Bankruptcy Order invalid, therefore the appeal setting aside the CP must be allowed and the BO set aside.

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 (creditor's Petition and Bankruptcy Order) / High Court Judgment on Appeals From Registrar's Refusal to Set Aside Creditor's Petition and Bankruptcy Order; Notices of Appeal to Court of Appeal Filed
Outcome
Appeal allowed; Creditor's Petition set aside; Bankruptcy Order set aside; costs awarded
Legal Topics
Creditor's Petition, Bankruptcy Notice, Amendment of Petition, Removal of Co Petitioner, Validity of Bankruptcy Order, Costs
Source Language
Malay/English
Bankruptcy Insolvency Civil Procedure Commercial Law Creditor's Petition Bankruptcy Notice Amendment of Petition Removal of Co Petitioner +2 more

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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 (creditor's Petition and Bankruptcy Order) / High Court Judgment on Appeals From Registrar's Refusal to Set Aside Creditor's Petition and Bankruptcy Order; Notices of Appeal to Court of Appeal Filed

Legal Issues

  1. 1 Whether deletion of named petitioning creditors from a multi-creditor creditor's petition without amendment application or court order changes the character of the petition and invalidates it
  2. 2 Whether a creditor may withdraw or be removed such that the original bankruptcy notice and creditor's petition are substantively recharacterised without issuing a new bankruptcy notice
  3. 3 Whether a Bankruptcy Order made pursuant to an invalid creditor's petition is itself invalid

Ratio Decidendi

The deletion of three named petitioning creditors from a multi-creditor creditor's petition, without application to amend or court order, substantively changed the character of the creditor's petition as originally founded on a collective act of bankruptcy by 26 creditors; per Ambank v Lim Sue Beng this is fatal to the petition and renders the resultant Bankruptcy Order invalid, therefore the appeal setting aside the CP must be allowed and the BO set aside.

Court Disposition

Appeal allowed; Creditor's Petition set aside; Bankruptcy Order set aside; costs awarded

Orders

  • Allowed appeal in Encl 176 and set aside the Creditor's Petition (Encl 151) as invalid
  • Allowed Encl 216 and Encl 241 and set aside the Bankruptcy Order dated 14.11.2024 (Encl 221) made pursuant to the invalid CP