16 Apr 2021
1. ) MOEZ ALI AKBARALLY 2. ) FIROZ HUSAIN AKBARALLY PUBLIC BANK BERHAD (6463-H)
- Citation
- B04(IM)-114-03/2020 (Mahkamah Rayuan)
- Court
- IM
- Case number
- B04(IM)-114-03/2020 (Mahkamah Rayuan)
Where a prior leave to execute existed but execution attempts (including bankruptcy notices) proved unsuccessful and the leave thereafter ceased or was set aside, a creditor may obtain fresh leave under Order 46 and Order 92 ROC 2012; the court need only be satisfied with plausible reasons for delay and may grant leave that includes permission to issue bankruptcy notices because the right to issue bankruptcy is contingent on the right to execute.