Appeal

[1] In Shah Alam High Court Originating Summons No 24-248-97 dated 13 May 1997, the appellant-plaintiff ("the borrower") sought, inter alia, a declaration that the first respondent ("the bank") was not entitled to enforce its rights under the debenture dated 10 March 1984 ("the debenture") and to sell to the second respondent ("the purchaser") seven parcels of land held under Grant Nos 10672-10678, Lot Nos 143-149, Seksyen 14, Bandar and Daerah Klang, Selangor Darul Ehsan (collectively "the land").

[2] The High Court had dismissed with costs the borrower's originating summons. Hence, this appeal by the borrower. Submissions for all the parties herein were presented on 1 and 3 June 2010. Judgment was reserved. We have agreed to write separate judgments. This is my judgment.

Factual Background

[3]Vide letter of offer dated 16 September 1983, the bank gave an overdraft facility of RM1.5 million to the borrower. By way of security, the borrower charged the land to the bank under the National Land Code 1965 ("the NLC"). The overdraft facility was also secured by a debenture which incorporated in s 6.06 thereof a power of attorney in favour of the bank ("the PA"), f