SACC 2368/1443

This case involved a request by a debtor for the liquidation of his company which was opposed by creditors.

Background

A debtor filed a request to the court for the liquidation of his company, citing the cessation of commercial activity and an accumulation of debts that he could not repay.

Two creditors opposed this request, arguing that it was made by the debtor in order to evade paying his significant debts.

Decision

The court said that Article 92 of Saudi Arabia Cabinet Decision No. 264/1439 stipulated that a debtor, creditor, or competent authority may apply to the court to initiate liquidation proceedings if the debtor was insolvent or facing insolvency.

The court said that the case documents revealed that debtor was indeed insolvent and unable to settle the debts. The objections raised by the creditors,did not prevent the court from making a decision to initiate liquidation proceedings.

The court ruled to reject the objections and ordered the initiation of the liquidation process for the debtor's company, and appointed a trustee for the proceedings