THIYAGARAJAN A/L MPL YEGAPPAN v 1. ) KETUA PENGARAH JABATAN INSOLVENSI MALAYSIA 2. ) DATO ROBERT TEO KHENG TUAN 3. ) CIMB BANK BERHAD

ka-24ncvc-217-07-2025 High Court (Mahkamah Tinggi) 12 November 2025 • KA-24NCvC-217-07/2025 • 22 min read
3 cases cited (0 SG, 3 foreign)

Catchwords

ORIGINATING SUMMON Issues: Whether the Plaintiff could institute the present action without first obtaining sanction from the DGI? (b) Whether sanction is required in an action where the DGI is sued for failure in the discharge of his duties and responsibilities while acting as Official Assignee of Hosba Valley Resort? (c) Whether the present action against the Liquidator is caught by the doctrine of res judicata for one of sanction as the issue has been raised and decided previously in Originating Summons No. KA-24NCvC-341-08/2021 (OS 341) and Originating Summons No. KA-24NCvC-543-11/2024 (OS 543)?

Practice Areas

ORIGINATING SUMMON Issues: Whether the Plaintiff could institute the present action without first obtaining sanction from the DGI? (b) Whether sanction is required in an action where the DGI is sued for failure in the discharge of his duties and responsibilities while acting as Official Assignee of Hosba Valley Resort? (c) Whether the present action against the Liquidator is caught by the doctrine of res judicata for one of sanction as the issue has been raised and decided previously in Originating Summons No. KA-24NCvC-341-08/2021 (OS 341) and Originating Summons No. KA-24NCvC-543-11/2024 (OS 543)?

Judges (1)

Mohd Aimi Zaini bin Mohd Azhar Delivered

Counsel (7)

FirozJulian Firm Jabatan Insolvensi Malaysia Negeri Kedah Firm Shaikh David & Co Firm Mah Dick Son Counsel Defendant Nur Ainnabila Rosdi Counsel Defendant Qatrin Nada binti Harun Counsel Defendant Suhaimi bin Remli Counsel Defendant

Parties (4)

CIMB BANK BERHAD Respondent KETUA PENGARAH JABATAN INSOLVENSI MALAYSIA Respondent Dato Robert Teo Kheng Tuan Respondent Thiyagarajan a/l Mpl Yegappan Applicant

Case Significance

THIYAGARAJAN A/L MPL YEGAPPAN v 1. ) KETUA PENGARAH JABATAN INSOLVENSI MALAYS... is a High Court (Mahkamah Tinggi) decision dated November 12, 2025 (citation: ka-24ncvc-217-07-2025). <p>This originating summons was heard together with two other actions by the same undischarged bankrupt plaintiff, seeking orders against the DGI, a liquidator, and CIMB Bank regarding land secured for loans. The court struck out the action along with the others, finding the plaintiff incompetent in law to commence proceedings without the mandatory sanction of the Director General of Insolvency.</p> The case was decided by Mohd Aimi Zaini bin Mohd Azhar. Counsel appearing: Mah Dick Son (counsel for defendant), Nur Ainnabila Rosdi (counsel for defendant), Qatrin Nada binti Harun (counsel for defendant), Suhaimi bin Remli (counsel for defendant).

Key issues: ORIGINATING SUMMON Issues: Whether the Plaintiff could institute the present action without first obtaining sanction from the DGI?.

Summary

This originating summons was heard together with two other actions by the same undischarged bankrupt plaintiff, seeking orders against the DGI, a liquidator, and CIMB Bank regarding land secured for loans. The court struck out the action along with the others, finding the plaintiff incompetent in law to commence proceedings without the mandatory sanction of the Director General of Insolvency.

What was the outcome of THIYAGARAJAN A/L MPL YEGAPPAN v 1. ) KETUA PENGARAH JABATAN INSOLVENSI MALAYS...?

<p>This originating summons was heard together with two other actions by the same undischarged bankrupt plaintiff, seeking orders against the DGI, a l...

Statutes Cited

Courts of Judicature Act 1964 (Cap 91)
Insolvency Act
s 38(1)(a)
Insolvency Act 1967 (Cap 360)
s 27(2) s 38(1)(a)
National Land Code (Cap 828)

Cases Cited (3)

MY (3)
[1933] 2 MLJ 98 [1998] 5 CLJ 769 [2020] 9 CLJ 449