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2025 MarsdenLR 4241

HIGH COURT MALAYA KUALA LUMPUR
TAIPING RECOVERY SDN BHD – Appellant
Versus
KETUA PENGARAH INSOLVENSI & ANOR – Respondent


Petitioner Advocates:S Maniarasan,Lim Wei Inn ,Respondent Advocate: Franky Irwan Abdul Rashid

JUDGMENT

Ahmad Murad Abdul Aziz J:

Introduction

[1] This is the 2nd Respondent's, appeal against the decision of the Senior Assistant Registrar ("SAR") allowing the Plaintiff's application pursuant to s 33B(4) of the Insolvency Act 1967 ("IA") to prohibit he Director General of Insolvency ("DGI") from issuing a certificate of discharge to the Bankrupt ("the 2nd Respondent") pursuant to s 33A(1) of the IA.

Background Facts

[2] The 2nd Respondent was adjudged a bankrupt on 12 June 2012 and is placed under the administration of the DGI.

[3] On 22 April 2022, the DGI issued a written notice to the Judgment Creditors ("1st Written Notice"), informing the Plaintiff of its intention to issue a Certificate of Discharge ("Certificate of Discharge") for the 2nd Respondent to be discharged from bankruptcy.

[4] In response, the Plaintiff through its solicitors issued a Notice of Objection dated 26 May 2022 (("1st Notice of Objection") objecting to the issuance of such Certificate of Discharge for the 2nd Respondent.

[5] In reply, the DGI then issued a letter dated 30 June 2022 informing the Plaintiff that the Plaintiff's objection was accepted and the 2nd Respondent will retain her status a bankrupt.

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