RK Nathan J:

Facts

The plaintiff sued the defendant over a loan of RM262,350 granted by the plaintiff to the defendant to enable the latter to purchase 162,000 shares in Insas Sdn Bhd (the shares). The plaintiff also claimed exemplary and aggravated damages for deception and fraud in misleading the plaintiff into believing that the defendant would convert to Islam and marry him. The plaintiff succeeded and was also awarded a total sum of RM1,179,726.05 with interest and costs (see Dato' Abdullah Hishan Hj Mohd Hashim v. Sharma Kumari Shukla (No 3)[1999] 7 CLJ 464. Since the defendant had failed to repay the judgment sum with interest and costs the plaintiff obtained a receiving and adjudication order against the defendant and on 28 January 2000 the defendant was declared a bankrupt. On 16 August 2000 the Court of Appeal struck out the defendant's appeal against the judgment obtained. Further, on 14 August 2000 the defendant's appeal against the making of the receiving and adjudication order was struck out by the Court of Appeal after the defendant withdrew the said appeal.

The Committal Proceedings

This is the plaintiff's application to commit the defendant to prison for failing to comply with s. 16(3) of the Bankruptcy Act 1967 ('the Act').There was also a prayer for costs and such further or other relief the court deems just and proper.

Findings Of The Court

To consider this application it is necessary to reproduce the relevant sub-sections of s. 16 of the Actwhich read as follows:

16. Debtor's statement of affairs.

(1)Where a receiving order is made against a debtor he shall make out and submit to the Official Assignee a statement of and in relation to his affairs in the prescribed form, verified by affidavit, showing the particulars of

the debtor's assets, debts and liabilities, the names, residences and occupations of his creditors, the securities held by them respectively, the dates when the securities were respectively given, the cause of his insolvency, the date when he last balanced his accounts before becoming insolvent, the amount of his capital at the date of such balance, after providing for all his liabilities and making allowances for bad and doubtful debts, and such further and other information as is prescribed or as the Official Assignee requires.

(2) The statement shall be so submitted within the following times:

(a) if the order is made on the petition of the debtor, within seven days from the date of the order;

(b) if the order is made on the petition of a creditor, within twenty-one days from the date of the order,

but the Official Assignee may in either case for special reasons extend the time by order made under his hand, to be forthwith filed, recording the reasons therefor.

(3) If the debtor fails without reasonable excuse, proof whereof shall lie on him, to comply with the requirements of this section he shall be guilty of a contempt of court and may be punished accordingly, and the court may on the application of the Official Assignee or of any creditor adjudge him bankrupt.

(4) Any person stating himself, in writing, to be a creditor of the bankrupt may personally or by agent inspect this statement at all reasonable times and take any copy thereof or extract therefrom, but any person untruthfully so stating himself to be a creditor shall be guilty of a contempt of court and shall be punishable accordingly on the application of the Official Assignee.

On 5 April 2000 the defendant went to the office of the official assignee (the OA) and was given 21 days to complete the prescribed form relating to her affairs. The last day for submitting the form was therefore 26 April 2000. On 21 August 2000 the defendant who is already serving sentence of imprisonment for a criminal offence, was produced before me when the plaintiff made an application for an order that the remaining shares be transferred to his name. When the defendant was asked by the court if she knew why she had been brought to court s