15 Jun 2022
PEMIUTANG PENGHAKIMAN CIMB BANK BERHAD PENGHUTANG PENGHAKIMAN 1. ) AZIZAH BINTI MANAN 2. ) KETUA PENGARAH INSOLVENSI CAWANGAN NEGERI SEMBILAN
- Citation
- WA-29PB-293-05/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-29PB-293-05/2021 (Mahkamah Tinggi)
CIMB filed a proof of debt in 2008 without claiming its security, thereby surrendering its security and proving the whole debt; payments received from the bankrupt after the bankruptcy date (total RM142,897.87, including surplus RM38,299.14) vested in the Director General under s8(1)(b) and must be surrendered and distributed under s55(5); accordingly CIMB's claims to retain or release the surplus to the bankrupt were dismissed and the full amount ordered paid to the Director General.