SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD v 1. ) ABDUL SALEEM BIN MAIDIN 2. ) AZLINDA BINTI ZAINAL ABIDIN 3. ) MASRI BIN MUKHTAR

ba-22m-100-06-2023 High Court (Mahkamah Tinggi) 8 September 2025 • BA-22M-100-06/2023

Catchwords

Bankruptcy – Appeal to Judge in Chambers – Appeal against decision of Senior Assistant Registrar for Application to set aside Bankruptcy Notice – Final Judgement - Absence of bona fide basis for appeal – Attempt to delay satisfaction of a valid and binding judgement debt – Attempt to delay and obstruct enforcement of valid judgement - Outstanding judgement exceed bankruptcy threshold – Locus standi – Change of name of Judgement Creditor - Defective service – Leave should be obtained prior – Mala fide – Oppressive – Unjust Enrichment – Other modes of execution has not be exhausted – Jointly and severally liable - Section 28(5) and (6) Companies Act 2016 – Section 131 Insolvency Act 1967.

Practice Areas

Bankruptcy & Insolvency Company Law Civil Procedure Restitution

Judges (1)

Raja Rozela binti Raja Toran Delivered

Parties (4)

SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD Plaintiff Abdul Saleem bin Maidin Defendant Azlinda binti Zainal Abidin Defendant Masri bin Mukhtar Defendant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22m-100-06-2023)