PEMIUTANG PENGHAKIMAN JASWINDER SINGH BAJAJ PENGHUTANG PENGHAKIMAN MURALI A/L MALIAPPAN

PEMIUTANG PENGHAKIMAN JASWINDER SINGH BAJAJ PENGHUTANG PENGHAKIMAN MURALI A/L MALIAPPAN

The court held the petition was not obviously unsustainable and refused to strike it out: the loan was unsecured, a private caveat did not create a security interest and had been conclusively addressed at earlier proceedings (res judicata), service of the amended petition was valid and within its validity period, the affidavit verifying the petition had been served, and therefore dismissal of the strike out application was correct.

Citation
WA-29NCC-459-04/2022 (Mahkamah Tinggi)
Parties
Judgment Debtor: Murali a/l Maliappan; Judgment Creditor: Jaswinder Singh Bajaj
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 August 2023
Case Number
WA-29NCC-459-04/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Appeal Against Registrar's Dismissal of Strike Out Application
Outcome
Appeal dismissed
Legal Topics
Striking Out Pleadings, Res Judicata, Service of Process, Private Caveat, Verifying Affidavit for Petition
Source Language
Malay/English
Bankruptcy Insolvency Civil Procedure Property Law Striking Out Pleadings Res Judicata Service of Process Private Caveat +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Murali a/l Maliappan

Judgment Debtor

Jaswinder Singh Bajaj

Judgment Creditor

Procedural Posture

Bankruptcy / Appeal Against Registrar's Dismissal of Strike Out Application

Legal Issues

  1. 1 Whether the amended creditors petition is obviously unsustainable for the purpose of striking out under Order 18 Rule 19 ROC 2012
  2. 2 Whether the creditor failed to notify willingness to release security for the loan
  3. 3 Whether there was undue delay in service of the creditors petition

Ratio Decidendi

The court held the petition was not obviously unsustainable and refused to strike it out: the loan was unsecured, a private caveat did not create a security interest and had been conclusively addressed at earlier proceedings (res judicata), service of the amended petition was valid and within its validity period, the affidavit verifying the petition had been served, and therefore dismissal of the strike out application was correct.

Court Disposition

Appeal dismissed

Orders

  • Dismissal of the Judgment Debtor's appeal
  • Judgment Debtor to pay costs of RM3000 to Judgment Creditor