Abdul Malik Ishak JCA

(delivering judgment of the court):

INTRODUCTION

We heard these two appeals vide J-03(IM)–1–01 of 2012 and J-03(IM)–2–01 of 2012 together since they are based on the same set of facts. The parties themselves agreed to have these two appeals to be heard together.

CIVIL APPEAL NO J-03(IM)-1–01 OF 2012

This is an appeal against the decision of the judicial commissioner who dismissed the appellant’s appeal against the decision of the senior assistant registrar (‘SAR’) granting a receiving order and an adjudicating order against the appellant.

Before the SAR, the appellant had filed a summons in chambers to set aside (a) the bankruptcy notice (‘BN’) or the service of the BN, and (b) the creditors’ petition (‘CP’) or the service of the CP. Simultaneously, the appellant also filed an affidavit in opposition to the CP.

Having heard the parties, the SAR dismissed the appellant’s summons in chambers and the appellant’s opposition to the CP. And the SAR then granted the respondent’s application for a receiving order and an adjudicating order against the appellant. The appellant did not lodge an appeal against the dismissal of the summons in chambers within the prescribed time