JUDGMENT

Rahmah Hussain JCA:

In the court below, the learned judge of the High Court in Kuala Lumpur had reversed the order of the senior assistant registrar, who, on 10 June 1996, dismissed with costs the respondent's (debtor) application for the setting aside of the receiving and adjudication orders made against him on 27 June 1995. Hence this appeal.

The facts of this case can be summarised as follows: The debtor is, and has been since 1985, a partner with two other doctors in a medical partnership carrying on business in the name of "Poliklinik Kotaraya". He has a 35% share in the partnership. In 1989 there arose between the three partners a dispute which gave rise in that year to three civil suits between them. On 13 March 1990 two interim receivers and managers of the partnership were appointed by the court pending final resolution of the dispute between the partners. By the said order also, the receivers were authorised to pay a monthly allowance of RM4,000 only to each of the partners.

Despite the dispute, the partnership continued to be a viable business enterprise and as at 30 December 1994 its net current assets amounted to RM2,047,442.12. The debtor had a share in the n