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1974 MarsdenLR 313

MOHAMED AZMI
RE KHOO KIM HOCK – Appellant
Versus
. – Respondent


Advocates:
For the applicant - V Palasuntharam with v. Manuel; M/s. v. Manuel & Co For the creditor/respondent - VC George with David Dass; M/s. Ng Ek Teong & Partners. For Official Assignee - Vincent Das (Senior Assistant Official Assignee)

JUDGMENT

Mohamed Azmi J:

This is an application by Notice of Motion dated 29 November 1973 by an undischarged bankrupt for an order annulling the adjudication order dated 7 May 1973 under ss. 92(1) and 105(1) of the Bankruptcy Act, 1967 for reasons that the applicant ought not to have been adjudged a bankrupt as he is not indebted to anyone and that his own petition was filed under a misconception of law and liability towards his alleged creditor, namely, J Ballas & Co. Pte Singapore, by reason of duress and mental instability, and for other reliefs. The applicant's own petition came up before Yong J wherein the applicant declared that he was unable to pay his debts and accordingly receiving and adjudication orders were made against him. From the Official Assignee's Report dated 1 January 1974 the bankrupt filed his state of affairs on 7 May 1973, i.e.

the very day he was adjudged bankrupt, disclosing a liability of $39,092.50 due to J Ballas & Company - an unsecured creditor. No assets were disclosed. But the unsecured creditor filed a claim to the extent of $1,263,759.59 against the bankrupt's estate on account of purchase of shares and share transactions with the bankrupt and s

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