JUDGMENT

Azman Abdullah JCA:

Introduction

[1] These are two appeals by the Lembaga Kumpulan Wang Simpanan Pekerja (hereinafter referred to as "EPF") against the orders of the High Court granted on 12 July 2023 allowing the applications by the Judgment Debtors, ie, the Respondents in both appeals, for the annulment of the Bankruptcy Orders dated 11 May 2021 under s 105 of the Insolvency Act 1967.

[2] Both appeals were first heard on 23 January 2025 and adjourned for continued hearing on 11 April 2025. These appeals are now fixed for decision on 11 July 2025.

Background Facts

[3] Briefly, the EPF is the Judgment Creditor who initiated bankruptcy proceedings against the Respondents, who are the Directors of Hawaii Bakery & Food Industries (M) Sdn Bhd, through bankruptcy actions JA-29NCC-827-08/2020 and JA-29NCC-833-08/2020. Following the service of cause papers, which was made personally on the Respondents, Bankruptcy Orders were recorded against the Respondents on 11 May 2021, in their absence. The Respondents took no steps to challenge this decision, and no appeal was filed to set aside the said judgments.

[4] Following the Bankruptcy Orders dated 11 May 2021, the Director General of Ins