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2025 MarsdenLR 1754

HIGH COURT MALAYA SHAH ALAM
BANK OF CHINA – Appellant
Versus
LEE KIM TIONG @ LEE KIM YEW – Respondent


Petitioner Advocates:Karen Tan Wee Sean ,Respondent Advocate: Adrian Silvarajoo,Nur Amalina Mohamad Rosli

Elaine Yap Chin Gaik JC:

[1] On 27 February 2025, this Originating Summons for an Order for Sale (encl 1) came up before me for hearing. The Defendant opposing the foreclosure of the property had been adjudicated a bankrupt on 26-1-2023 and his counsel appeared with the sanction of the Department of Insolvency.

[2] The property in question is land held under H.S.(D) 23[2421] PT 900 at Pekan Baru, Sungai Besi, Daerah Petaling, Selangor ("Property"). The Plaintiff registered a charge over the Property on 23 December 2015 as security for banking facilities granted by the Plaintiff to the Defendant ("Charge") as evidenced by a Facility Agreement dated 24 November 2015 and various letters of offers with terms ("Agreement").

[3] On 28 September 2022, the Plaintiff terminated and recalled the Defendant's facilities on account of the Defendant's default in regularizing his delinquent account with the Plaintiff and demanded the outstanding sum owed in the amount RM54,152,326.63. On 9 February 2023, the Plaintiff further issued a notice in Form 16D under s 254 of the National Land Code (Revised 2020) ("NLC") to commence these foreclosure proceedings on the Property.

[4] On affidavit, the Defen

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