OLEH YANG ARIF HAKIM DATO' KANG HWEE GEE.

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Enclosure 57.

This is an appeal of the 2nd defendant from the decision of the Registrar allowing the plaintiffs application for summary judgment under Order 14.

The 2nd defendant is one of the two guarantors of a syndicated loan of RM11 million originally granted to the 1st defendant by BSN Merchant Bank. The loan was eventually acquired by Danaharta which steps into the shoes of the lender and now sues as the plaintiff.

The 2nd defendant liability under the guarantee was only to the extent of 30% of the loan.

At the hearing before me counsel for the 2nd defendant intimated that he was abandoning all that was submitted before the Registrar and any affidavits arising therefrom.

He would now rely on the plaintiffs own documents and the points raised in his written submission to show that there are triable issues [Page 3] which ought to be tried. The relevant portion of the written submission are as follows:

"D.1 The 2nd Defendant's stand is, inter alia that the Plaintiffs'must show that each of the Conditions Precedent set out in the Facilities Agreement dated 20/01/1994 (exhibit BSN1 of Encl. 8) have all been sat