Zulkefli Ahmad Makinudin J:

This is an appeal by the judgment debtor ( " the debtor " ) against the decision of the learned senior assistant registrar dismissing the debtor's application to set aside the creditor's petition (encl. 10).

Facts Of The Case

The relevant facts of the case are as follows:

(1) The judgment creditor ( " the creditor " ) is a finance company which owns the vehicle No. WDQ 9239 ( " the car " ).

(2) Pursuant to a hire purchase agreement dated 23 January 1997, the debtor purchased the car by way of a loan financing given by the creditor.

(3) The debtor defaulted in the payment of monthly instalment. The creditor contended that it could not repossess the car from the debtor despite numerous attempts.

(4) The creditor instituted legal proceedings against the debtor in the Kuala Lumpur High Court Suit No. D6-22-570-2000.

(5) On 5 December 2000 the creditor obtained judgment in default against the debtor. Based on this judgment, the creditor instituted bankruptcy proceedings against the debtor.

The Issue

The issue raised by the debtor essentially is that the creditor's petition presented by the creditor did not state whether the creditor was willing to gi