Ahmadi Asnawi JC:

[1] This appeal was lodged by the appellant (3rd defendant) against the decision of the senior assistant registrar who had on 25 April 2003 entered summary judgment against the 3rd defendant in the sum of RM210,734.25 and RM1,334,047.57 as at 28 February 2002, with interests and costs under O. 14 of the Rules of the High 1980 .

[2] The brief facts of this case are as follows. The plaintiff (respondent) approved and granted various banking facilities to Victory Industries (M) Sdn Bhd (1st defendant) for a sum of RM 6,000,000 subject to the terms and conditions as stated in the letters of offer dated 22 June 1999 and 2 July 1999. In relation thereto, the borrower (Victory Industries) through its directors (2nd and 3rd defendant) accepted the banking facilities and has given the director's resolution. Consequently, both the said directors signed the facilities agreement dated 16 July 1999 to secure the said facilities, and on the same date a letter of set-off was executed by the said directors. Briefly, the 2nd and 3rd defendants guaranteed the repayment of all moneys becoming payable and owing by the first defendant to the plaintiff pursuant to the said terms