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HIGH COURT MALAYA KUALA LUMPUR
RHB BANK BERHAD – Appellant
Versus
CARZO IMPORT (M) SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim and loan agreements established. (Para 1 , 8 , 9 , 10 , 11) |
| 2. summary judgment criteria and burden of proof outlined. (Para 3 , 4 , 5 , 6 , 7) |
| 3. defendants allege need for trial on various issues. (Para 22 , 23) |
| 4. defendants' defenses not valid; agreements binding. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 5. certificate of indebtedness and obligations established. (Para 37 , 39 , 44 , 52) |
| 6. issues of claim's premature nature dismissed. (Para 45 , 49) |
| 7. summary judgment entered; costs awarded. (Para 54) |
A. Introduction
[1] This is a simple case concerning banking facilities that was provided by the Plaintiff and accepted by the First Defendant. The Second and Third Defendants provided guarantees to the said Facility.
[2] The Plaintiff applied for a summary judgment to be entered against the Defendants in the application filed in encl 11. This Court after hearing counsels for the litigants and reading the notice of application, affidavits and the submissions filed, find that judgment should be entered against the Defendants for all the sums claimed.
[3] I opine that the Defendants have failed to prove the ex
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