Clement Skinner J:

This is the hearing of three applications (in encls. 14, 26 and 39) made by the 1st, 2nd and 3rd defendants in Suit 22-60-2000 and one application (in encl. 15) made by the 2nd defendant in Suit 22-43-2000. At the request of counsel, they were heard together as they raise common issues and in some of the written submissions handed in, the applications in both suits were addressed in one submission.

In each suit, the plaintiff, a licensed bank, granted banking facilities to the 1st defendant named therein. In respect of Suit 22-60-2000, the 1st defendant therein was granted banking facilities in the sum of RM5,000,000 upon the terms and conditions set out in a letter of offer dated 9 September 1996. The 2nd and 3rd defendants named in the aforementioned suit stood as guarantors to the banking facilities granted to the 1st defendant. On 31 May 2000, the plaintiff claiming that the 1st, 2nd and 3rd defendants were in breach of their respective obligations to it under the banking facilities and guarantee agreements respectively, commenced Suit 22-60-2000 against them.

In Suit 22-43-2000, the 1st defendant named therein was granted banking facilities in the s