Gunn Chit Tuan SCJ:

Nira Sdn. Bhd. (the appellant) had appealed against an order of the High Court at Kuala Lumpur made under s. 256 of the National Land Code 1965, that the lands held under Geran No. 4365 and CT No. 22086 for Lot Nos. 35327 and 4554 respectively, Mukim of Kuala Lumpur and charged to Malayan Banking Bhd. (the respondent) under the Wilayah Persekutuan Registrar of Charges Presentation No. 12,810/82, Jilid 264, Folio 62 and Presentation No. 18,715/82 Jilid 275, Folio 166, be sold by public auction on 10 March 1989, to satisfy the whole sum secured by the said charges which was due to the respondent as at 31 October 1988.

According to Mr. K. Chandra, Counsel for the appellant, the main grounds of appeal were the following grounds no. 2 and 3 in the memorandum of appeal:

2. The learned Judge erred in law and in fact in holding that there was a sum of RM17,339,452.43 due on the term loan as at 31 October 1988 and sum of RM2,571,605.96 due on the overdraft.

3. The learned Judge ought to have held that there was an error by the respondent in the calculation of the interest on the term loan.

Section 2.07 (b) of the Exhibit MBB1 states:

The interest chargeable betw