PUBLIC BANK BERHAD v 1. ) UMAPAGAN A/L K AMPIKAIPAKAN 2. ) Arubugam A/l Suppiah 3. ) ARUBUGAM A/L SUPPIAH 4. ) SIVAKAMASUNDARI NARAYANI A/P K AMPIKAIPAKAN

wa-22ncc-598-09-2024 High Court (Mahkamah Tinggi) 4 February 2025 • WA-22NCC-598-09/2024

Catchwords

Recovery of outstanding debt by the creditor against the borrower and guarantor – Order 92 Rule 4 of Rules of Court 2012 – Application by guarantor for stay of proceeding pending foreclosure proceeding of the Charged property - whether exist special circumstances – balance of justice - whether guarantor can discharge liability under the Guarantees – whether guarantor stood as “Principal Debtor” or “Social Debtor” – Section 5(3) of the Insolvency Act 1967 only applies to the commencement of bankruptcy proceedings against a social guarantor - no prohibition against the financial institutions availing themselves to concurrent proceedings to recover the outstanding debts due. Application dismissed.

Practice Areas

Recovery of outstanding debt by the creditor against the borrower and guarantor

Judges (1)

Ong Chee Kwan Delivered

Parties (4)

PUBLIC BANK BERHAD Plaintiff Arubugam a/l Suppiah Defendant Sivakamasundari Narayani a/p K Ampikaipakan Defendant Umapagan a/l K Ampikaipakan Defendant

Case Significance

PUBLIC BANK BERHAD v 1. ) UMAPAGAN A/L K AMPIKAIPAKAN 2. ) Arubugam A/l Suppi... is a High Court (Mahkamah Tinggi) decision dated February 4, 2025 (citation: wa-22ncc-598-09-2024). The case was decided by Ong Chee Kwan.

What was the outcome of PUBLIC BANK BERHAD v 1. ) UMAPAGAN A/L K AMPIKAIPAKAN 2. ) Arubugam A/l Suppi...?

PUBLIC BANK BERHAD v 1. ) UMAPAGAN A/L K AMPIKAIPAKAN 2. ) Arubugam A/l Suppi... is a High Court decision dated February 4, 2025. The case was heard by Ong Chee Kwan. See the full judgment for details.