HIGH COURT MALAYA PULAU PINANG
MALAYAN BANKING BHD – Appellant
Versus
DATUK LIM KHENG KHIM [2] – Respondent
JUDGMENT
[1] Learned Counsel for the judgment debtor applied for a stay of further proceedings pending the determination of the judgment debtor's appeal to the Supreme Court. Learned Counsel for the petitioning creditor objected to the application.
[2] s 97 of the Bankruptcy Act 1967, provides:
The Court may at any time, for sufficient reason, make an order staying the proceedings under a bankruptcy petition, either altogether or for a limited time, on such terms and subject to conditions as the Court thinks just.
[3] r 138 of the Bankruptcy Rules 1969, provides:
There may be included in a receiving order an order staying any action or proceeding against the debtor or staying proceedings generally.
[4] There is no doubt the words "at any time" include an application made after a receiving and adjudication order has been made - see Realisations Industrielles et Commerciales S A v. Loescher and Partners [1957] 1 WLR 1026 and Re Chop Sin Guan Moh & Ors, [1965] 2 MLJ 106.
[5] The question therefore is whether there is sufficient reason.
[6] As I have stated in the main grounds of judgment, a receiving and adjudication order was first made in the previous proceedings on
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.