ALASAN PENGHAKIMAN

This is an appeal by the Petitioners, Standard Chartered Bank Malaysia Berhad (hereinafter referred to as "SCB") against the decision of the learned Deputy Registrarwho had on 12th February, 1998 dismissed the Creditor"s petition. Initially the hearing of the said Creditors petition was fixed by the Court on 9th October 1997, with the presence of the Judgment Debtor and despite all such cause papers being in order theCourt allowed an adjournment of the hearing to enable the Judgment Debtor to engage counsel and had fixed 8th January 1998 as the next hearing date (final date). On 8th January 1998, the Judgment Debtor was represented by counsel, Mr. J.S. Gill who had on behalfof the Judgment Debtor filed on the very same morning a "Notice by Debtor of Intention to Oppose Petition" (hereinafter referred to as "the said Notice of Intention to Oppose"). Incidentally, the said Notice of Intention to Oppose Petition wasalso served on the Petitioner that very morning. As the counsel for the Judgment Debtor had only filed into Court the said Notice of Intention to Oppose, it was naturally not in the Court"s file and despite the Petitioner"s objection to the late filingand