Tuan Hakim telah terkhilaf dari segi fakta dan undang-undang apabila gagal meneliti dan menimbangkan keterangan dan dokumen Responden yang meragukan ketika dalam perbicaraan. [11] In essence, the Appellant’s complaints revolve around the learned Sessions Court Judge’s alleged errors in both fact and law in determining the instalment payment of RM1,000.00 per month. The Appellant contended that the learned Sessions Court Judge had applied non-existent legal principles, failed to consider the Respondent’s lack of full and frank disclosure, and erred in relying on the pleadings and merits of the main suit which had already been disposed of. [12] Additionally, the Appellant argued that the learned Sessions Court Judge had failed to properly assess the Respondent’s financial capacity, the insufficiency of evidence provided, and the disproportionate length of time it would take to satisfy the judgment debt at the ordered instalment rate. The Respondent’s Case [13] The Respondent’s arguments are premised on two principal grounds. [14] The Respondent’s primary contention is anchored on the fact that he had been adjudged a bankrupt pursuant to a Bankruptcy Order dated 22 August 2024. As a result, he argued that all his assets and liabilities now fall under the administration of the Director General of Insolvency. Accordingly, the Appellant, as an unsecured creditor, ought to have filed a Proof of Debt with the Director General of Insolvency in accordance with the Insolvency Act 1967. [15] The Respondent emphasised that upon being declared bankrupt, his property vests in the Director General of Insolvency, who assumes full control as receiver, manager, administrator, and trustee of his estate, as provided under section 8(1)(b) of the Insolvency Act 1967. It was further contended that the High Court’s jurisdiction does not override the statutory framework which mandates the involvement of the Director General of Insolvency, and therefore, the Appellant’s attempt to enforce the judgment debt via Judgment Debtor Summons proceedings was procedurally improper. [16] The Respondent’s second ground centres on the exercise of discretion by the learned Sessions Court Judge in the Judgment Debtor Summons proceedings. The Respondent argued that, notwithstanding the availability of bankruptcy proceedings, the Appellant had opted for Judgment Debtor Summons as the chosen mode of execution. In these proceedings, the Respondent had been extensively examined by counsel and the Judge, with both oral and documentary evidence duly considered. [17] The Respondent contended that the Sessions Court had holistically evaluated the evidence and reached its decision in accordance with the principles of reasonableness and the statutory mandate under section 4 of the Debtors Act 1957. [18] He further submitted that appellate intervention should be restrained unless it is demonstrated that the lower court had erred in principle, considered irrelevant factors, or that its decision had resulted in a miscarriage of justice, as established in Ratnam v Cumarasamy [1964] CLJU 237; [1965] 1 MLJ 228; [1964] 1 MLRA 599 and other cited authorities. [19] The Respondent maintained that no credible evidence was adduced by the Appellant to contradict his testimony, with much of the Appellant’s complaints being speculative in nature. [20] The Respondent also pointed out that the Sessions Court Judge had rightly rejected the Appellant’s arguments on alleged non-disclosure and had assessed his financial means within the correct legal framework, including the principle that Judgment Debtor Summons proceedings are not designed to “punish poverty”. [21] In conclusion, the Respondent submitted that there was no basis for appellate interference with the Sessions Court’s findings and discretionary decision, which were both reasonable and supported by evidence. This Court’s Findings [22] Having considered the grounds advanced by the Respondent and the submissions of both parties, this Court finds no merit in the Respondent’s objections. On the first ground, while it is correct that a bankrupt’s assets vest in the Director General of Insolvency pursuant to section 8 of the Insolvency Act 1967, this does not render the Judgment Debtor Summons proceedings otiose. [23] The Bankruptcy Order was only made on 22 August 2024, after the issuance of the Judgment Debtor Summons proceedings. Until such time, the Appellant was entitled to pursue lawful execution of the judgment debt, including through Judgment Debtor Summons. [24] Furthermore, the Director General of Insolvency’s role does not extinguish the Appellant’s right to enforce the judgment debt but merely channels the mode of enforcement post-bankruptcy in accordance with insolvency law. [25] The argument that the Appellant ought to have filed a Proof of Debt instead of pursuing Judgment Debtor Summons misconstrues the concurrent remedies available under the law, and does not, in this Court’s view, oust the jurisdiction of the Sessions Court in these proceedings. [26] As for the second ground, this Court accepts that appellate intervention on questions of discretion must be approached with caution, guided by established principles. However, it remains incumbent upon this Court to ensure that the discretion exercised was founded upon correct principles and supported by evidence. [27] Upon scrutiny of the records, this Court finds that the Sessions Court Judge had erred in principle by failing to properly assess the Respondent’s financial capacity vis-à-vis the total judgment sum of RM634,231.26. [28] While the learned Sessions Court Judge was entitled to consider reasonableness and proportionality, the evidential threshold under section 4 of the Debtors Act 1957 requires a clear and accurate determination of the Respondent’s present and past means. [29] The Respondent’s assertions of financial incapacity were largely untested by independent verification, and the Sessions Court's heavy reliance on uncorroborated testimony, in the face of allegations of undisclosed assets, fell short of the requisite evidential scrutiny. [30] In light of these shortcomings, this Court is satisfied that the exercise of discretion was flawed and warrants appellate intervention. [31] The Order of the learned Sessions Court Judge is hereby varied. [32] The Order directing the Respondent to pay RM1,000.00 per month is set aside and substituted with an Order for monthly payments of RM10,000.00. [33] For clarity, the enforcement of this Order, given the Respondent’s bankruptcy status, shall proceed in accordance with the relevant provisions of insolvency law. [34] Given the Respondent’s status as an undischarged bankrupt, this Court makes no order as to costs. Dated: 1 July, 2025 sgd [CHOONG YEOW CHOY] Judicial Commissioner High Court of Malaya Shah Alam Counsel: Husna binti Azman for the Appellant / Judgment Creditor (Messrs. Syed Amir, Naqib & Co) Muhammad Amirul Afiq bin Mohamad Lokman for the Respondent / Judgment Debtor (Messrs. Rusnizam & Afiqq)