JUDGMENT

This is an application by summons in chambers by the judgment debtor for an order that bankruptcy notice dated 25th November 1991 (“the bankruptcy notice“) and the Creditors’Petition dated 2nd June 1992 (“the Creditors Petition“) be set aside.

The grounds of the application are stated in the affidavit of Tio Chee Hing affirmed on the 20th October 1995.

The learned counsel for the petitioning creditor raised a preliminary objection, i.e. whether the application by the judgment debtor to set aside the bankruptcy notice and the Creditors Petition by way of summons in chambers proper or not. He contended that the proper procedure was that this should have been by way of Form 16 as provided for underRule 117 of theBankruptcy Rules 1969

In support he cites the case of Chua Muk Kwee, Re: Ex–parte UMBC Finance Berhad (1994) 1 AMR 17 and Development & Commercial Bank Berhad v Datuk Ong Kian Seng @ Ong Kin Cheang (1995) 3 AMR 2063.

The learned counsel for the judgment debtor submitted that this is an application to set aside the bankruptcy notice and the Creditors Petition under Rule 18 of the Rules by summons in chambers. He further stated that it has been decided in the case of Datuk L