JUDGMENT

Low Hop Bing J:

Application

[1] Before me is encl (1) which is the plaintiff's application for an order for sale under s. 256 of the National Land Code 1965 pursuant to a charge registered vide presentation No. 5335/96 Jilid No. 578 Folio 23 ("the charge") on six parcels of land held respectively under GM 316 Lot 758, GM 315 Lot 762, GM 318 Lot 986, GRN 20737 Lot 987, GRN 20738 Lot 988, GRN 6217 Lot No. 989 in the mukim of Sungai Petai, in the State of Melaka (collectively "the land").

[2] A reference hereinafter to a section is a reference to that section in the National Land Code 1965 unless otherwise stated or the context otherwise requires.

Factual Background

[3] Pursuant to the letter of offer dated 21 April 1997 ("the letter of offer"), the plaintiff had granted a fixed term loan facility in the sum of RM5.3 million ("the loan") to the defendant.

[4] By way of security, the defendant executed the charge in favour of the plaintiff. Subsequently, the defendant defaulted in the repayment of the instalments of the loan from April to September 2000, as a result of which the plaintiff issued letters dated 10 June 2000, 10 July 2000 and 17 October 2000 to the defendant demanding