JUDGMENT

Mohamed Dzaiddin bin Hj Abdullah SCJ:

This was an appeal from the decision of Abdul Hamid JC (as he then was) granting the receiving and adjudication orders against the appellant on 27 January 1992. We dismissed the appeal and now give our reasons for the decision.

The facts of the case had been clearly set out in the judgment of the learned Judicial Commissioner reported in [1992] 3 CLJ 1449 . However, for the purpose of the appeal, we would like to state briefly the salient facts. On 27 April 1989, Malayan Banking Bhd. (the respondent) issued a bankruptcy notice against the appellant requiring him to pay the sum of RM2,603,913.28, being the amount due on a final judgment including interests, professional charges and costs. The notice was served on the appellant on 2 May 1989. On 6 May 1989, he filed an affidavit (enclosure 3) purportedly to be an affidavit to set aside bankruptcy notice under Rule 95 of the Bankruptcy Rules 1969 1 (the Rules). About 5 / months later, that is, on 2 2 October 1989, the respondent filed the creditor's petition against the appellant, which was served on him on 29 November 1989 and one month thereafter, on 29 December 1989, the appellant fil