JUDGMENT

(Enclosure 38)

Nadzarin Wok Nordin JC:

Appeal

[1] In the appeal at enclosure 38 (Appeal), the Judgment Creditor (JC) is appealing against the decision of the Learned Senior Assistant Registrar (SAR) given on 2 August 2021 ordering the dismissal of the JD's application for the Adjudication and Receiving Order (AORO) against the JD (Enclosure 1) be dismissed and annulled in accordance with s 105(1) of the Insolvency Act 1967 with no order as to costs.

[2] Enclosure 1 was premised on the ground that the amounts owed to the JC have been settled in full and that there are sufficient funds in the JD's estate to settle any amounts owed to the JC including the costs of the Director General of Insolvency (DGI).

Background Facts

[3] On 30 October 2009, Judgment was entered against Judgment Debtor for the sum of RM519,146.97 and RM133,759.11 together with the interest and cost.

[4] The borrower Salem High Country Sdn Bhd (the Principal Debtor) formally known as Meridien Travels Sdn Bhd was wound up on 29 January 1999.

[5] Proof of General Debt form was filed by the JC on 23 April 2003 for the sum of RM991,058.96 against the borrower.

[6] On 23 July 2018, the Judgement Creditors sold a proper