PEMIUTANG PENGHAKIMAN OCBC Bank (Malaysia) Berhad PENGHUTANG PENGHAKIMAN Sritharan Naidu a/l Sundara Rajoo

ba-29ncc-2033-09-2023 High Court (Mahkamah Tinggi) 25 September 2025 • BA-29NCC-2033-09/2023

Catchwords

Bankruptcy – Judgment debtor – Judgment creditor – Bankruptcy Notice – Creditor’s Petition – Appeals against decisions of Senior Assistant Registrar – Final judgment debt affirmed up to Court of Appeal – Quantum disputed – Alleged overstatement of debt, excessive interest and failure to credit auction proceeds or interest properly calculated- secondly, that the entire bankruptcy process is vitiated by procedural non-compliance, alleged fraud, statutory breaches, res judicata concerns, and abuse of process. – Whether debt liquidated under section 3 Insolvency Act 1967 – Effect of section 3(2)(ii) – Failure to file affidavit disputing Bankruptcy Notice under Rule 93(1) Insolvency Rules 2017 – Failure to show cause under Rule 116 Form 45 – Allegations of fraud, illegality and abuse of process – Pending collateral proceedings – No stay of execution – Bankruptcy court not forum to revisit merits – Hardship irrelevant – Appeals dismissed.

Practice Areas

Bankruptcy & Insolvency Civil Procedure

Judges (1)

Raja Rozela binti Raja Toran Delivered

Parties (2)

OCBC Bank Berhad Judgment Creditor Sritharan Naidu a/l Sundara Rajoo Judgment Debtor

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-29ncc-2033-09-2023)