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1984 MarsdenLR 233

MOHAMED DZAIDDIN
RE WALTER SU EX PARTE UNITED MALAYAN BANKING CORPN BHD – Appellant
Versus
. – Respondent


Advocates:
Subash Chandran for the judgment debtor.
Leow Soon Ch ng (Miss) for the judgment creditor.
Madan Mohan Lall (Asst Official Assignee) also appearing.
Solicitors: Subash Chandran Lim Huck Aik & Co.

Mohamed Dzaiddin J

This creditor's petition for a Receiving Order came up before me on November 23, 1984. A Notice of Intention to Oppose the petition was filed on September 25, 1984. On November 24, 1984 I heard submissions of counsel. Although six grounds were given for opposing the petition, Mr. Subash Chandran, counsel for the debtor merely challenged the validity of this Bankruptcy Notice issued on October 20, 1983 and the act of bankruptcy relied on by the judgment creditors in the petition. In the final analysis, he has asked that this petition be dismissed or stayed on the ground that an appeal is pending against the summary judgment of the learned Registrar in Civil Suit No. 276 of 1981. The Bankruptcy Notice issued was in respect of this judgment sum and the act of bankruptcy relied upon by the judgment creditor was his failure to comply with the requirement of the Bankruptcy Notice.

On the question of the validity of the Bankruptcy Notice issued on October 20, 1983, I have held that the said Bankruptcy Notice was properly issued. In this respect, I referred counsel to my judgment in Re: Robert Chuah Koh Hoay ex parte: Hwang & Yusoff Securities Sdn Bhd (Bankruptcy No 205

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