JUDGMENT

Ramly Ali J:

[1] This is the JUDGMENT creditor's (JC) appeal against the decision of the learned senior assistant registrar made on 6 September 2005 in allowing the judgment debtor's (JD) summon in chambers to set aside the bankruptcy notice dated 11 August 2004 with costs.

Chronology Of Proceedings

[2] On 3 July 2002, the JC obtained a judgment against the JD as guarantorvide Kuala Lumpur High Court Suit No: D7-22-1443-2001. On 23 April 2004 the JC issued the bankruptcy notice against the JD.

On 12 July 2004, the bankruptcy notice was served personally on the JD. Seven days after that (ie, on 20 July 2004) an act of bankruptcy was committed by the JD for failure to comply with the demand made in the bankruptcy notice. On 11 August 2004, the JD filed an application (vide encl. 5) to set aside the bankruptcy notice.

JD's Grounds To Set Aside The Bankruptcy Notice

[3] The two grounds on which the JD seeks to set aside the bankruptcy notice are as follows:

1. the bankruptcy notice does not comply with the terms of the said judgment and the debt claimed in the bankruptcy notice is excessive; and

2. the JC has failed to first realise the property charged as security to t