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2025 MarsdenLR 1152

HIGH COURT MALAYA PENANG
AFFIN BANK BERHAD – Appellant
Versus
COPRA MILL LEISURE WORLD SDN BHD & ORS – Respondent


Petitioner Advocates:Venukumar Sivasamy ,Respondent Advocate: Fatimatuz Zahra Suhaimi

JUDGMENT

Quay Chew Soon J:

Introduction

[1] This is a recovery action by the Plaintiff ("Bank") against the Defendants for the amounts due to the Bank in connection with a banking facility that was granted by the Bank to the 1st Defendant ("Company"). The 2nd Defendant ("D2") and the 3rd Defendant ("D3") are sued as guarantors. They had guaranteed the repayment of the banking facility granted by the Bank to the Company.

[2] The Bank filed an application dated 14 December 2024 in encl 8 for summary judgment against the Defendants. Enclosure 8 is made under O 14 of the Rules of Court 2012.

[3] On 11 March 2025,1 allowed encl 8 and entered summary judgment against the Defendants. It is my finding that the Defendants do not have a valid defence against the Bank's claim, let alone any triable issue. I am satisfied that this is a plain and obvious case where summary judgment ought to be granted. Here are the grounds of my decision.

Background Facts

[4] The Bank's claim against the Defendants is for monies due and owing under a term loan (banking facility) granted to the Company for the sum of RM 1,584,000.00 pursuant to the terms and conditions of the Bank's letter of offer dated 7 December 201

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