SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1992 MarsdenLR 578

HIGH COURT MALAYA PULAU PINANG
MALAYAN BANKING BHD – Appellant
Versus
DATUK LIM KHENG KHIM [2] – Respondent


Petitioner Advocates:Toh Lee Hong ,Respondent Advocate: Ooi Teik Hoe

JUDGMENT

Abdul Hamid Mohamed JC:

[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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top