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2008 MarsdenLR 4665 ; 2008 MarsdenLR 1

MOHD HISHAMUDIN YUNUS
RE TAN SRI AMIN SHAH OMAR SHAH; EX P AFFIN BANK BHD – Appellant
Versus
. – Respondent


JUDGMENT

Mohd Hishamudin Yunus J:

[1] Enclosure 64 is an appeal to judge in chambers by the debtor against the decision of the learned senior assistant registrar of 9 October 2007 dismissing the application by the debtor in encl. 51. The application was made by the debtor to stay the proceeding and/or to strike out the creditor's bankruptcy petition which was issued against the debtor.

[2] I had dismissed the appeal on 9 July 2008 with costs, and I now give the grounds for my decision.

[3] On 9 March 2005 the creditor filed a bankruptcy notice against the debtor demanding payment of a sum of RM3,222,477.89 which was due to the creditor under a judgment obtained by the creditor in a Kuala Lumpur High Court (Commercial Division) civil suit in case No: D3-22-90-2003 on 9 December 2003. Since the debtor failed to pay within the stipulated period, the creditor took out a creditor's petition on 3 March 2006. The petition was signed by an officer of the creditor corporation, namely, one Encik Mohamed Aslam Khan bin Gulam Hassan, the Senior Vice President of the creditor corporation. He also signed the affidavit verifying the petition. In view of one of the issues raised by the debtor, I r

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