Kang Hwee Gee J:

Following a hearing before the senior assistant registrar on 30 July 2001 an adjudication order and a receiving order were made against the judgment debtor based on the judgment debt of RM463,291.41 obtained by the judgment creditor from the Shah Alam High Court on 3 September 1999.

The judgment debtor now appeals against the said decision.

The bankruptcy petition was presented for the judgment creditor's company by its director Mr. Lee Neh @ Lee Pins Ten.

The judgment debtor opposed the petition on the ground that the said Mr. Lee had failed to state in his petition and also in the affidavit verifying the petition that he was authorised under the seal of the judgment creditor to present the petition. Both the petition and the affidavit it was contended, had offended r. 215 of the Bankruptcy Rules 1969 read with s. 133 of the Bankruptcy Act 1967 and had thereby rendered the petition void and ineffective. Consequently, it was argued, the petition should have been dismissed.

Section 133(a) of the Bankruptcy Act 1967 reads as follows:

For all or any of the purposes of this Act:

(a)a corporation may act by any of its officers in that behalf under the seal of the corpo