GROUNDS OF JUDGMENT

The Judgment Creditor (JC) obtained judgment against Judgment Debtor (JD) together with his brother Ng San Heng as partners of firm Sing Nang Furniture and Renovation on 7 July 2000 at the Sessions Court Kuala Lumpur.

JC proceeded with bankruptcy proceedings against the JD. The Judgment Debtor's application to set aside the Bankruptcy Notice was dismissed by the learned Senior Assistant Registrar and affirmed by me on appeal. When the creditor's petition was filed subsequently, JD filed a notice of opposition to the

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petition. The learned Senior Assistant Registrar on the hearing of the petition granted the adjudication and receiving order and hence this appeal to me.

At the appeal before me, the JD's counsel raised the sole issue of want of authority under seal of the corporation. In his Rule 117 notice he raised two issues:

1) that the BN is irregular, not based on final judgment and does not

comply with the Judgment dated 7.11.00, and

2) that the Petition of 24.1.03 and the affidavit verifying truth not

signed by someone authorised under seal of the JC's company or

based on BN which is irregular.

In respect of the first issue, I had earlier dismissed JD's ap