JUDGMENT

(Enclosure 37, 83)

Mohd Radzi Abdul Hamid J:

Matter Before This Court

[1] This is a decision of this Court on an appeal filed by the Judgment Debtor in encls 37 and 83 against the decision of the learned Senior Assistant Registrar ('SAR') in dismissing the Summons In Chambers in encl 13 dated 19 May 2023 to set aside the Bankruptcy Notice ('BN') and Summons in Chambers in encl 49 dated 9 January 2024 to set aside the Creditors Petition ('CP').

[2] Parties will be referred as Judgment Creditor ('JC') and Judgment Debtor ('JD') for the purpose of this appeal.

Issues Before The Court

[3] The same issues which were raised by the JD before the SAR previously was similarly raised in this Appeal. The issues are:

i. whether the Court has the power to go behind the judgment in default ('JID') that was recorded in a Civil Suit No: MA-B52-7-10/2020 dated 21 December 2020 against the JD to consider the merits of the JC's claim;

ii. whether the rate of convertion from United State Dollars (USD) currency to Ringgit Malaysia (MYR) should be at the date of the judgment or the date of the Writ;

iii. wether the request to issue BN dated 11 April 2023 is defective and void as there is no evide