13 Nov 2024
PEMIUTANG PENGHAKIMAN PUBLIC BANK BERHAD PENGHUTANG PENGHAKIMAN 1. ) MOHD ZAMRY BIN HARON 2. ) Jabatan Insolvensi Malaysia
- Citation
- JA-29PB-216-05/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-29PB-216-05/2024 (Mahkamah Tinggi)
The court found on the evidence that the registered post could legitimately have been received on 26.3.2024 (accounting for a public holiday) so the creditor's Notis 51C filed 16.4.2024 was within the 21-day statutory period and KPI was wrong to reject it as late; however the creditor's originating process did not comply with mandatory Form 98 and sought relief not aligned with the statutory remedy (s.33B(4)), a substantive defect not curable under s.93(3); accordingly the creditor's application (annexure 1) is struck out without considering merits, with liberty to file afresh and no order as…