PEMIUTANG PENGHAKIMAN UNITED OVERSEAS BANK (MALAYSIA) BHD PENGHUTANG PENGHAKIMAN SRI RAM A/L M.S SARMA

PEMIUTANG PENGHAKIMAN UNITED OVERSEAS BANK (MALAYSIA) BHD PENGHUTANG PENGHAKIMAN SRI RAM A/L M.S SARMA

The High Court dismissed the stay application because it lacked jurisdiction to grant a stay of execution of the Adjudication Order and Receiving Order while the appeal from the Court of Appeal to the Federal Court is pending; procedural rules and the Court of Judicature Act require such stay applications, in the first instance, to be addressed to the Court of Appeal or Federal Court, and the Insolvency Act/Rules do not confer power on the High Court to grant the stay in these circumstances.

Citation
WA-29PB-548-06/2022 (Mahkamah Tinggi)
Parties
Judgment Creditor: UNITED OVERSEAS BANK (MALAYSIA) BHD; Judgment Debtor: SRI RAM A/L M.S SARMA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 September 2022
Case Number
WA-29PB-548-06/2022 (Mahkamah Tinggi)
Procedural Posture
Post‑bankruptcy Stay Application / Interlocutory Application Heard and Dismissed
Outcome
Application dismissed for want of jurisdiction and as a nullity; dismissed with costs subject to allocatur
Legal Topics
Stay of Execution, Adjudication Order, Receiving Order, Jurisdiction to Grant Stay, Procedural Compliance for Appeals
Source Language
Malay/English
Bankruptcy Law Civil Procedure Appeal Stay of Execution Adjudication Order Receiving Order Jurisdiction to Grant Stay Procedural Compliance for Appeals

Case Brief

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Parties

UNITED OVERSEAS BANK (MALAYSIA) BHD

Judgment Creditor

SRI RAM A/L M.S SARMA

Judgment Debtor

Procedural Posture

Post‑bankruptcy Stay Application / Interlocutory Application Heard and Dismissed

Legal Issues

  1. 1 Whether the High Court may grant a stay of execution of the Adjudication Order and Receiving Order pending disposal of an appeal at the Federal Court and whether the applicant complied with appeal procedure requiring stay applications to be made in the first instance to the Court of Appeal

Ratio Decidendi

The High Court dismissed the stay application because it lacked jurisdiction to grant a stay of execution of the Adjudication Order and Receiving Order while the appeal from the Court of Appeal to the Federal Court is pending; procedural rules and the Court of Judicature Act require such stay applications, in the first instance, to be addressed to the Court of Appeal or Federal Court, and the Insolvency Act/Rules do not confer power on the High Court to grant the stay in these circumstances.

Court Disposition

Application dismissed for want of jurisdiction and as a nullity; dismissed with costs subject to allocatur

Orders

  • Dismiss the application in Encl. 1 for stay of execution of the Adjudication Order and Receiving Order
  • Application dismissed with costs subject to allocatur