30 Jun 2025
PEMIUTANG PENGHAKIMAN CIMB BANK BERHAD PENGHUTANG PENGHAKIMAN SHAHRUL AZILA BINTI MOHD SALLEH
- Citation
- JA-29NCC-1180-11/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-29NCC-1180-11/2024 (Mahkamah Tinggi)
The court held that issuing a bankruptcy notice prior to obtaining leave does not preclude the creditor from applying for leave under s.5(3)(b); where the principal debtor has been wound up and the creditor has filed proof of debt, the creditor will have exhausted available modes of execution within the meaning of s.5(4). Therefore leave to proceed against the guarantor is granted and the application to set aside the bankruptcy notice is dismissed.