Atan Mustaffa Yussof Ahmad JC:

[1] This judgment concerns the Plaintiff's summary judgment application (encl 18) against the Defendants arising from a writ action filed by the Plaintiff against the Defendants in this suit for recovery under Tawarruq Term Financing-i Facilities granted by the Plaintiff to the 1st Defendant and related guarantors.

[2] At the hearing of this application I granted summary judgment for the Plaintiff. This judgment contains the full grounds for my decision.

Background Facts

[3] At the request of the 1st Defendant, the Plaintiff granted the 1st Defendant and the 1st Defendant accepted a Term Financing-i Facility of RM27,000.00 ("the 1st Facility') and a Term Financing-i Facility of RM33,000.00 ("the 2nd Facility'). Both the 1st Facility and the 2nd Facility are referred to together as "the Facilities".

[4] The 1st Facility was documented by the following documents:

a) Letter of Offer dated 19 April 2018 ("the 1st Letter of Offer');

b) Murabah Sale Contracts dated 18 May 2018 ("the 1st Murabahah Sale Contract');

c) Tawarruq Term Financing-i Agreement dated 18 May 2018; and

d) Agency Letter (Wakalah) dated 18 May 2018;

[5] The 2nd Facility was documented by t