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COURT OF APPEAL PUTRAJAYA
LIM ENG CHUAN SDN BHD – Appellant
Versus
UNITED MALAYAN BANKING CORPORATION & ANOR – Respondent
| Table of Content |
|---|
| 1. summary of borrower-bank transaction and security. (Para 1 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. disputes regarding validity of sale and winding up. (Para 2 , 11 , 12 , 13 , 14 , 15) |
| 3. analysis on applicability of section 223 and judicial sales. (Para 17 , 18 , 19 , 20 , 30 , 34 , 77 , 86) |
| 4. discussion on power of attorney's validity post-winding up. (Para 22 , 23 , 24 , 25 , 26 , 27 , 39 , 40 , 117) |
| 5. final decision on validity of the sale. (Para 55 , 58 , 65 , 186) |
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
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