JUDGMENT

Yusrin Faidz Yusoff JC

Introduction

[1] This judgment addresses the defendant's application in encl 10, seeking to set aside the order for sale granted under O 83 of the Rules of 2012 ("the Rules"). At the heart of the defendant's case lies the contention that the order for sale in respect of the defendant's land charged to the plaintiff was improperly obtained and/or that there exist substantive grounds to challenge it. The plaintiff, on the other hand, resolutely defends the validity of the said order, maintaining that it was properly obtained and that the defendant's application to set it aside is wholly without merit.

Background

[2] The defendant had applied for a financing of a 2 storey detached house situated at No 27, Jalan Taman Bukit Pantai, Bukit Pantai, Bangsar, 59100 Kuala Lumpur held under Hakmilik Geran 2851 Lot 15095, Mukim Kuala Lumpur Negeri Wilayah Persekutuan Kuala Lumpur ("the said Property") under the Shariah concept of Musyarakah Mutanaqisah (Diminishing Musyarakah) for the sum of RM4,482,000.00. The facility known as the "Saadiq My Home One-l" ("the said Banking Facility") is subject to the terms and conditions of the Offer Letter dated 20 November 2013