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2002 MarsdenLR 1593 ; 2002 MarsdenLR 1

LOW HOP BING
MALAYSIA BUILDING SOCIETY BHD – Appellant
Versus
UNIVEIN SDN BHD – Respondent


Advocates:
For the defendant - Richard WG Lee; M/s Cheah Teh & Su
For the plaintiff - Wong Kian Kheong (Cheah Soo Chuan); M/s Lee Hishammuddin

Application

This is the plaintiff's application in encl. (2) for an order for sale of three pieces of properties held under No. C.T. 8150, Lot No. 167, Seksyen 63, Bandar Kuala Lumpur, Negeri Wilayah Persekutuan; Geran No. 9978, Lot No. 147, Seksyen 63, Bandar Kuala Lumpur Negeri Wilayah Persekutuan dan C.T. 14077, Lot No. 210, Seksyen 63, Bandar Kuala Lumpur, Negeri Wilayah Persekutuan ("the properties") all of which were charged by the defendant in favour of the plaintiff by way of two memoranda of charges, videpresentation Nos. 16320/95 and 16321/95 ("the charges"), pursuant to s. 256 of the National Land Code 1965 ("NLC") and O. 83 of the Rules of the High Court 1980 ("RHC").

Facts Of The Case

By a loan agreement dated 26 July 1995 ("loan agreement"), the plaintiff granted to the defendant two loan facilities viz, a term loan of RM23.5 million ("term loan") and a bridging loan of RM36.5 million ("bridging loan").

By the charges registered on 12 November 1995, the defendant charged the properties to the plaintiff, as security for the repayment of all principal sums outstanding under or in connection with the term loan and bridging loan ("the loans") together with interest thereo

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