Ramly Ali J:

Introduction

[1] This is an appeal to the judge in chambers (encl. 29) against the decision of the senior assistant registrar on 27 February 2008 dismissing with costs the judgment debtor's application for a stay of bankruptcy proceeding pending disposal of the judgment debtor's application to set aside the judgment in default of appearance in the Session's Court, the judgment which form the basis of the bankruptcy petition in this case.

[2] The judgment debtor's application for the stay of the bankruptcy proceeding is made vide the summon in chambers dated 21 September 2007 (encl. 26) and is supported by the affidavit of the judgment debtor affirmed on 19 September 2007 (encl. 25). The judgment creditor by the affidavit in reply affirmed on 9 October 2007 (encl. 26A) apposed the application. The application is made pursuant to s. 97 of the Bankruptcy Act 1967.

Preliminary Issue: Whether The Test To Warrant The Court's Discretion To Grant Or Refuse The Application Under s. 97 Of The Bankruptcy Act 1967, Is For The Judgment Debtor To Show 'Sufficient Reason' Or 'Special Circumstance'

[3]Section 97 of the Bankruptcy Act 1967 the provision under which the applica