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HIGH COURT (KUALA LUMPUR)
AZLAN SULAIMAN, J
Re Lim Sue Beng – Appellant
Versus
Ambank (M) Bhd (Formerly known as Amfinance Bhd which had received all the assets rights and liabilities and business of Ambank Bhd pursuant to the court order dated 18 May 2005) & Ors – Respondent
| Table of Content |
|---|
| 1. introduction of appeals and procedures. (Para 1 , 2 , 3 , 4 , 5) |
| 2. background and issuance of bankruptcy notice. (Para 6 , 7 , 8 , 9 , 10) |
| 3. appeal involves re-hearing applications. (Para 11) |
| 4. claims of excessive bankruptcy notice amount. (Para 12) |
| 5. rejection of jd's grounds for setting aside. (Para 13 , 15 , 18 , 19) |
| 6. additional grounds for setting aside bn. (Para 14 , 16 , 17) |
| 7. filing for supplementary affidavit. (Para 21 , 22) |
| 8. legal standards for staying bankruptcy proceedings. (Para 23 , 24 , 26 , 29) |
| 9. substantive reasons for a stay. (Para 25 , 28 , 30 , 31) |
| 10. orders on appeals and application. (Para 33) |
[1]This Grounds of Judgment is on two appeals and one application by the Judgment Debtor (“JD”).
[2]The first appeal is in Enclosure 44 (“Enclosure 44 Appeal”), and is the JD’s appeal against the decision of the Senior Assistant Registrar (“SAR”) given on 24.3.2022 dismissing the JD’s application by affidavit in Enclosure 4 under rule 93 of the Insolvency Rules , 2017 (“Enclosure 4 Application”) to set aside the Bankruptcy Notice dated 15.1.2021 that was issued against him (“BN”).
[3]The second appeal is in Enclosure 45 (“Enclosure 45 Appeal”), and is
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