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1983 MarsdenLR 224

MOHAMED AZMI, SALLEH ABAS, SYEDIL BARAKBAH
KHENG SOON FINANCE BHD – Appellant
Versus
MK RETNAM HOLDINGS SDN BHD – Respondent


Advocates:
Ong See Seng for the appellant.
WSW Davidson (SA Almeida with him) for the first respondent.
Hira Singh for the second respondent.
SA Lingam for the interveners.
Solicitors: Mah-Kok & Din; Almeida & Co; Asbir & Hira Singh; SA Lingam & Co.

Salleh Abas CJ (Malaya)

(delivering the Judgment of the Court): This is an appeal from the decision of Wan Hamzah J. in refusing the appellant's Originating Summons applying for an order of sale of the first respondent's land and for allowing the Summons in Chambers by the second respondent and two other persons, viz: Harcharan Singh and Sellapan Narayanan, who all applied for an order to intervene in the appellant's application and be added as respondents thereto.off the deal. It sent three demand notices. These are dated August 15, 1980 (TSC 21), September 15, 1980 (TSC 22) and October 27, 1980 (TSC 23). The last demand notice informed the respondent in no uncertain terms that a foreclosure action would be taken if the sum of $18,554.38 was not paid within a week.

The respondent's replies to these notices were that it would make the payment if the appellant would make the loan release.

It appears that on September 19, 1979 the respondent submitted four architect's certificates to the appellant for further release of the loan. The amount involved was $52,405.00 (TSC 30 and MKR 1). No payment was made and despite copies of the certificates having been sent on October 28, 1980 (refe

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