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FEDERAL COURT KUALA LUMPUR
MAIMUNAH MEGAT MONTAK – Appellant
Versus
MAYBAN FINANCE BERHAD – Respondent
[1] This was an appeal by a chargor against an order of the High Court, Kuala Lumpur enforcing a charge registered under the National Land Code, 1965, ("the Code"). The order was made pursuant to the chargee's application by way of originating summons, wherein the principal reliefs prayed for were that the charged land to be sold by public auction to satisfy the total amount due and owing to the chargee under the charge and for vacant possession thereof.
[2] As it was common ground that the order for sale aforesaid had neither fixed the auction date nor stipulated the amount actually due under the charge as required by s 257(1)(b) and (c) of the Code, respectively, we invited Counsel on both sides to argue, as a preliminary point of law, the question what were the legal consequences of such non-compliance.
[3]Section 257(1) provides:
257(1) Every order for sale made by the Court under s 256 shall:
(a) provide for the sale to be by public auction;
(b) require the sale to be held on or as soon as may be after a date specified therein, being a date not less than one month after the date on which the order is made;
c) specify the total amount due to the chargee a
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