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2026 MarsdenLR 265320

HIGH COURT (KUCHING)
Haji Hamid Sultan Bin Abu Backer, JC
Re Haji Khalid Abdullah ; – Appellant
Versus
Ex-Parte Danaharta Urus Sdn Bhd – Respondent


Advocates:
CM. Sundram (Messrs CM Sundram & Co), Mr Roland Thomas Tudin (Besar Talip & Co) — For the Debtor
Lim Lip Sze (Reddi & Co) — For the Creditor

Haji Hamid Sultan Bin Abu Backer, JC

JUDGMENT

[1]This is my judgment in respect of the judgment debtor’s appeal (Encl. 66) against the decision of the learned senior assistant registrar who dismissed the judgment debtor’s “Notice By Debtor of Intention to Oppose Petition” (Encl. 50) filed pursuant to rule 117 of Bankruptcy Rules 1969

[2]The judgment debtor’s objection to the creditor’s petition is based on the following grounds namely:

(i)The judgment creditor failed to comply with section 5 (1) (c)Bankruptcy Act 1967

(ii)The judgment debtor denies that there was any act of bankruptcy committed by the judgment debtor on 24–02–2006. There was no such debt owed to the judgment creditor on the said date by virtue of an outside agreement entered between the judgment creditor and the judgment debtor.

(iii)The judgment creditor holds securities for payment of the said sum. The said securities if realized are more than sufficient to cover or settle the debt outstanding, if any.

(iv)The affidavit of truth of statement in petition affirmed by the deponent is defective and/or bad in law as the deponent has no knowledge or source of knowledge to depose the said affidavit or to verify the several sta

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