JUDGMENT

Atan Mustaffa Yussof Ahmad J:

[1] This judgment concerns the Plaintiff's application for summary judgment under O 14 rr 1 and 3 of the Rules of 2012 ("ROC 2012') against the Defendants in respect of a loan facility granted by the Plaintiff to the 1st Defendant and guaranteed by the 2nd to 4th Defendants. The Plaintiff seeks recovery of the outstanding sums due under the loan, totaling RM4,132,762.22 as at 5 November 2023, together with interest and costs. The Defendants resist the application, contending that there are bona fide triable issues that warrant a full trial, namely discrepancies in the loan restructuring amounts, failure by the Plaintiff to update the Defendants' account statements, wrongful imposition of late payment interest by the Plaintiff, and the need for the Plaintiff to first pursue foreclosure proceedings before commencing this suit. The central issues before this Court are whether the Defendants have raised any genuine triable issues requiring a trial, and whether the Plaintiff is entitled to summary judgment in the circumstances.

Background Facts

[2] The Plaintiff, RHB Bank Berhad, granted loan facilities to the 1st Defendant, Ascend I-Corp Sdn Bhd, via