Mokhtar Sidin JCA:

The present appeal arose from an application by the respondent by way of a summons-in-chambers dated 23 August 1996. The application stated in the summons-in-chambers is as follows:-

1. That the Petitioner be granted leave to amend the Creditors Petition and all subsequent proceedings by amending the name of 'Standard Chartered Bank' to 'Standard Chartered Bank Malaysia Bhd' and as per the amendments underlined in red in the annexture, annexed to this Summons in Chambers and marked as Annexture 'A'.

2. That the Petitioner be granted an extension of time to file an Affidavit Verifying the Amended Petition affirmed by an officer of the Standared Chartered Bank Malaysia Bhd.

Both the senior assistant registrar and the learned judge allowed the application. We have dismissed the appeal earlier. We now give our reasons for doing so.

The affidavit in support of the application disclosed that Standard Chartered Bank obtained judgment against the appellant on 13 June 1987. On 6 August 1992, Standard Chartered Bank made a request for the issuance of a bankruptcy notice when the appellant failed to pay the judgment sum obtained on 13 June 1987. Pursuant to that request, on 5 September 1995, Standard Chartered Bank presented a creditor's petition against the appellant.

Under the Banking and Financial Institutions Act 1989 (BAFIA), Standard Chartered Bank was required to incorporate a Malaysian company to take over the conduct of its banking business in Malaysia. As a result, Standard Chartered Bank Malaysia Berhad was incorporated. On 28 April 1994, Standard Chartered Bank Malaysia Berhad obtained a vesting order from the High Court, Kuala Lumpur, pursuant to s. 50 of BAFIA. With that 'vesting order' all judgments obtained by Standard Chartered Bank would be assigned to the newly incorporated Standard Chartered Bank Malaysia Berhad.

When the judgment was obtained by Standard Chartered Bank against the appellant on 13 June 1987, Standard Chartered Bank Malaysia Berhad was not in existence yet. Even when the bankruptcy notice was issued on 6 August 1992, Standard Chartered Bank Malaysia Berhad had not been incorporated. The bankruptcy notice was served on the appellant on 28 September 1992, also before the incorporation of Standard Chartered Bank Malaysia Berhad. On 1 October 1992, the appellant filed an application to set aside the bankruptcy notice. This application was finally disposed of on 27 June 1995, when it was dismissed by the High Court. As a result of that dismissal Standard Chartered Bank filed the creditor's petition on 5 September 1995. By then Standard Chartered Bank Malaysia Berhad had been incorporated and the vesting order dated 28 April 1994 was given. As a result of that the respondent/petitioner (Standard Chartered Bank), on 28 August 1996, made an application by way of a summons-in-chambers to amend the creditor's petition and all subsequent proceedings in that the name of Standard Chartered Bank be substituted with the name of Standard Chartered Bank Malaysia Berhad which is the subject matter of this appeal. The respondent also applied for extension of time to file an affidavit verifying the amended petition. The appellant objected to this application. The High Court dismissed the objection and allowed the application by the respondent.

The learned counsel for the appellant submitted that Standard Chartered Bank was not a creditor and had no locus standi or statutory right to present the creditor's petition. He stated that a bankruptcy proceeding commences by filing a creditor's petition. For that purpose the petitioner is obliged to satisfy the strict requirements of ss. 5 and 6 of the Bankruptcy Act, in that the conditions precedent in particular the issuance of the creditor's petition and bankruptcy jurisdiction. In other words, the appellant is stating that bankruptcy jurisdiction will not be available to persons who are not creditors of the debtor at the time of presentation of the