25 Oct 2021
PEMIUTANG PENGHAKIMAN Dato’ Watson Peters and Lavendran Masilamany for the Judgment Creditor [Messrs Peter Chambers (Petaling Jaya)] PENGHUTANG PENGHAKIMAN Muhammad Zahir Sanjay Abdullah for the Judgment Debtor [Messrs Muhammad Zahir]
- Citation
- KEBANKRAPAN NO. WA-29NCC-2160-12/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KEBANKRAPAN NO. WA-29NCC-2160-12/2020 (Mahkamah Tinggi)
Appeals were defective for non‑compliance with Form 114 but on merits the JD's late filing of affidavit in reply meant JC's averments were deemed admitted; the Bankruptcy Notice was properly issued and served (service on sole proprietorship firm valid); the judgment remained enforceable while unsuperseded and no sufficient reason existed to grant a stay; amendment of the Creditors Petition to correct the date was within the Court's power under s93(3), s131 and rule 282 and caused no substantial injustice; both appeals dismissed with costs.