ORDER 45 RULE 5 OF THE RULES OF COURT 2012

Enforcement of judgment to do or abstain from doing an act (O. 45, r. 5)

5. (1) Where—
(a) a person required by a judgment or order to do an act within a time specified in the
judgment or order refuses or neglects to do it within that time or, as the case may be,
within that time as extended or abridged under Order 3, rule 5; or

(b) a person disobeys a judgment or order requiring him to abstain from doing an act, then,
subject to these Rules, the judgment or order may be enforced by one or more of the
following means:
(A) with the leave of the Court, an order of committal;
(B) where that person is a body corporate, with the leave of the Court,
an order of committal against any director or other officer of the
body;
(C) subject to the provision of the Debtors Act 1957, an order of committal against that
person or, where that person is a body corporate, against any such officer.

(2) Where a judgment or order requires a person to do an act within a time therein
specified and an order is subsequently made under rule 6 requiring the act to be done
within some other time, references in paragraph (1) to a judgment or order shall be
construed as references to the order made under rule 6.

(3) Where under any judgment or order requiring the delivery of any movable property the
person liable to execution has the alternative of paying the assessed value of the property,
the judgment or order shall not be enforceable by order of committal under paragraph (1)
but the Court may, on the application of the person entitled to enforce the judgment or
order, make an order requiring the first-mentioned person to deliver the property to the
applicant within a time specified in the order, and that order may be so enforced.
SECTION 61 OF THE INSOLVENCY ACT 1967

Powers exercisable by Director General of Insolvency subject to orders of court

61. The Director General of Insolvency, subject to any general or special orders of the court,
may—
(a) carry on the business of the bankrupt so far as is necessary for the beneficial winding
up of the same;
(b) bring, institute or defend any action or other legal proceeding relating to the property
of the bankrupt;
(c) employ, with the permission in writing of the Attorney General, a solicitor to take any
proceedings or do any business;
(d) accept, as the consideration for the sale of any property of the bankrupt, a sum of
money payable at a future time, subject to such stipulations as to security and otherwise as
he thinks fit;
(e) mortgage, charge or pledge any part of the property of the bankrupt for the purpose of
raising money for the payment of his debts;
(f) refer any dispute to arbitration, compromise all debts, claims and liabilities, whether
present or future, certain or contingent, liquidated or unliquidated, subsisting or supposed
to subsist, between the bankrupt and any person who may have incurred any liability to
the bankrupt, on the receipt of such sums payable at such times, and generally on such
terms as are agreed on;
(g) make such compromise or other arrangement as is thought expedient with creditors or
persons claiming to be creditors in respect of any debts provable under the bankruptcy;
(h) make such compromise, or other arrangement, as is thought expedient, with respect to
any claim arising out of or incidental to the property of the bankrupt, made or capable of
being made on the Director General of Insolvency by any person or by the Director General
of Insolvency on any person;
(i) divide in its existing form, amongst the creditors according to its estimated value, any
property which from its peculiar nature or other special circumstances cannot be readily or
advantageously sold.
SECTION 8 OF THE INSOLVENCY ACT 1967

Effect of bankruptcy order

8. (1) On the making of a bankruptcy order—

(a) except as provided by this Act, no creditor to whom the bankrupt is indebted in respect
of any debt provable in bankruptcy shall have any remedy against the property or person
of the bankrupt in respect of the debt, or shall proceed with or commence any action or
other legal proceeding in respect of such debt unless with the leave of the court and on
such terms as the court may impose; and
(b) all the property of the bankrupt shall become divisible among his creditors and shall
vest in the Director General of Insolvency and the Director General of Insolvency shall be
the receiver, manager, administrator and trustee of all properties of the bankrupt.

(2) This section shall not affect the power of any secured creditor to realize or otherwise
deal with his security in the same manner as he would have been entitled to realize or deal
with it if this section had not been passed—nor shall it operate to prejudice the right of any
person to receive any payment under or by virtue of section 31 of the Employment Act
1955 [Act 265] of the States of *Peninsular Malaysia or any corresponding provisions in
Sabah and Sarawak.

(2a) Notwithstanding subsection (2), no secured creditor shall be entitled to any interest in
respect of his debt after the making of a bankruptcy order if he does not realize his security
within twelve months from the date of the bankruptcy order.

(3) On a bankruptcy order being made against a debtor he shall, within twenty-four hours
after such order has been served upon him file an affidavit in the office of the Director
General of Insolvency, containing a true and correct statement of the names and residences
of all the partners, if any, in his business and of his principal assets and liabilities. Such
statement shall for the purposes of this Act be deemed to be part of the debtor’s statement
of his affairs referred to in section 16.

(4) On such order as aforesaid being made against a debtor the Director General of
Insolvency shall forthwith take possession of all books of account and other papers and
documents in the possession, custody or control of the debtor relating to his property or
affairs, and may take into his possession all or any deeds, books, documents and other
property of the debtor.