GROUNDS OF DECISION

This was an appeal against the decision of the Senior Assistant Registrar who had dismissed the Judgment Debtor's application to set aside the Bankruptcy Notice dated 2.12.2009. These were the grounds raised before the SAR:

1. The judgment obtained by the Judgment Creditor was defective because it was obtained under the name of G. Ragumaren & Co which was a sole proprietorship and therefore had no legal entity.

2. The Bankruptcy Notice was filed in Kuala Lumpur instead of Johor Bahru where the Judgment Debtor worked and resided.

3. The Judgment Creditor had filed a civil action against the Judgment Debtor at the Kuala Lumpur Sessions Court for legal fees owed, and obtained judgment therein without having the legal fees taxed.

4. The Judgment Debtor had a counter-claim and set-off against the Judgment Creditor's claim.

In the appeal before this Court, the thrust of the argument was on the second ground, ie, the bankruptcy proceedings had been wrongly filed in Kuala Lumpur instead of Johor Bahru, where allegedly the Judgment Debto