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1990 MarsdenLR 665

HIGH COURT MALAYA SEREMBAN
BANK BUMIPUTRA MALAYSIA BERHAD – Appellant
Versus
MELEWAR HOLDINGS SDN BHD & ORS – Respondent


Petitioner Advocates:Teh Meng Teck ,Respondent Advocate: K Gunaretnam

JUDGMENT

Mustapha Hussain J:

[1] Grounds of decisions on the defendants' application by summons-in-chambers to transfer the whole proceedings to the High Court at Kuala Lumpur pursuant to s 23 of the Courts of Judicature Act 1964 - (summons-in-chambers dated 14 August 1989 - Encl (24)).

[2] The 2nd to the 5th defendants are guarantors guaranteeing the payment of all dues on the RM1.2 million credit facilities given by the plaintiff bank to the 1st defendant company Melewar Holding Sdn Bhd They executed the guarantee on 17 June 1980 before a solicitor in Kuala Lumpur.

[3] The credit facilities of RM1.2 millions were also secured by a charge of Lot 926 EMR 849 Mukim Ampang Tinggi in Kuala Pilah, Negeri Sembilan dated 11 September 1980.

[4] By the end of April 1988 the outstanding sum due and owing to the plaintiff bank by the 1st defendant amounted to RM2,644,704.59. Notice of demand was sent to the 1st defendant and also notices were sent to the guarantors.

[5] The 1st to the 5th defendants on 14 August 1989 applied by summons-in-chambers to have the proceedings transferred to the High Court in Kuala Lumpur.

[6] In the supporting affidavit the Secretary of the 1st defendant company stated

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