JUDGMENT

Quay Chew Soon J:

Introduction

[1] This is an originating summons dated 25 November 2022 ("OS") filed by the Plaintiff ("P") to obtain an order for sale against the Defendant ("D"). On 29 January 2024, I allowed the OS and granted an order for sale to P. Here are the grounds of my decision.

Background Facts

[2] Pursuant to a letter of offer dated 25 November 2019 ("letter of offer"), P granted a loan in the sum of RM16.5 million ("loan") to D. The loan was disbursed to D in three tranches, in accordance with the following money lending agreements entered into between P and D,:

(a) a money lending agreement dated 25 November 2019 for the amount of RM6.5 million ("Loan Agreement A");

(b) a money lending agreement dated 22 January 2020 for the amount of RM5 million ("Loan Agreement B"); and

(c) a money lending agreement dated 28 February 2020 for the amount of RM5 million ("Loan Agreement C");

(the Loan Agreement A, the Loan Agreement B and the Loan Agreement C are collectively referred to as the "loan agreements")

[3] As security for the loan, D created a charge dated 9 December 2019 over a piece of land ("land") in favour of P.

[4] D breached the terms and conditions of the loan agree