PEMIUTANG PENGHAKIMAN Maybank Islamic Berhad PENGHUTANG PENGHAKIMAN Mohamed Zia-Ul-Haq bin Mahmod

PEMIUTANG PENGHAKIMAN Maybank Islamic Berhad PENGHUTANG PENGHAKIMAN Mohamed Zia-Ul-Haq bin Mahmod

The chamber summons was dismissed because the court found substituted service of the bankruptcy notice and petition was properly ordered after attempts at personal service failed and there was evidence the judgment debtor deliberately evaded service; further, the creditor had exhausted remedies against the wound-up company and was entitled to commence bankruptcy proceedings against the guarantor, therefore the petition and leave to commence were regular.

Citation
AB-29NCC-43-04/2022 (Mahkamah Tinggi)
Parties
Judgment Debtor: Mohamed Zia-ul-Haq bin Mahmod; Judgment Creditor (petitioner): Maybank Islamic Berhad; Principal Debtor (company): MZM Network Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 January 2023
Case Number
AB-29NCC-43-04/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Interlocutory — Chamber Summons Decision
Outcome
Chamber summons (Lampiran 34) dismissed; bankruptcy petition and leave to commence proceedings upheld
Legal Topics
Substituted Service, Leave to Commence Bankruptcy, Guarantor Liability, Chamber Summons, Costs
Source Language
Malay/English
Insolvency Bankruptcy Civil Procedure Substituted Service Leave to Commence Bankruptcy Guarantor Liability Chamber Summons Costs

Case Brief

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Parties

Mohamed Zia-ul-Haq bin Mahmod

Judgment Debtor

Maybank Islamic Berhad

Judgment Creditor (petitioner)

MZM Network Sdn. Bhd.

Principal Debtor (company)

Procedural Posture

Bankruptcy / Interlocutory — Chamber Summons Decision

Legal Issues

  1. 1 Whether substituted service of the bankruptcy notice and petition was valid
  2. 2 Whether leave to commence bankruptcy proceedings was properly granted
  3. 3 Whether the applicant deliberately evaded service

Ratio Decidendi

The chamber summons was dismissed because the court found substituted service of the bankruptcy notice and petition was properly ordered after attempts at personal service failed and there was evidence the judgment debtor deliberately evaded service; further, the creditor had exhausted remedies against the wound-up company and was entitled to commence bankruptcy proceedings against the guarantor, therefore the petition and leave to commence were regular.

Court Disposition

Chamber summons (Lampiran 34) dismissed; bankruptcy petition and leave to commence proceedings upheld

Orders

  • Costs awarded to Maybank Islamic Berhad
  • Bankruptcy petition against Mohamed Zia-ul-Haq remains valid and proceedings may continue