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HIGH COURT MALAYA SHAH ALAM
INDRAN KARUPPIAH & ANOR – Appellant
Versus
RHB BANK BERHAD & ORS – Respondent
| Table of Content |
|---|
| 1. ownership and wrongful auction of property. (Para 1 , 2 , 3 , 4) |
| 2. default and communication of payment status. (Para 6 , 7 , 8 , 9 , 10 , 11 , 13 , 14 , 15 , 16) |
| 3. misrepresentation in foreclosure proceedings. (Para 30 , 31 , 32) |
| 4. nullification of order for sale and auction. (Para 39 , 40 , 41) |
| 5. award of exemplary damages and final orders. (Para 49 , 50) |
Introduction
[1] The plaintiffs are the registered and beneficial owners of the property held under the title PM 2629, No Lot 32224, Tempat Batu 12, Jalan Balakong, Sg Besi, Pekan Kajang Daerah Hulu Langat, Selangor Darul Ehsan together with the two-storey terrace house at the address No 2, Jalan Resak, Taman Impian Ehsan, 43300 Balakong, Selangor Darul Ehsan ("the Property").
[2] The Property was charged to the first defendant bank ("RHB") as security for a housing loan granted to the plaintiffs by RHB.
[3] The plaintiffs' case is that RHB had wrongfully sold the Property by public auction and that the public auction of the Property was wrong at law and void. The plaintiffs filed this action against the RHB, the 2nd defendant ("D2") and the 3rd defendant ("D3"), seeking declaratory orders that
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