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HIGH COURT MALAYA KUALA LUMPUR
AFFIN BANK BERHAD – Appellant
Versus
IHAA CAPITAL SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. plaintiff's application for summary judgment. (Para 1 , 2) |
| 2. identifies the defendants and their roles. (Para 3 , 4 , 5 , 6) |
| 3. details terms of the loan facilities. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. defendants defaulted on loan payments. (Para 18 , 19 , 20) |
| 5. defendants raise triable issues. (Para 21) |
| 6. court observes defendants' admissions. (Para 22 , 23) |
| 7. defendants estopped from denying knowledge. (Para 24 , 25) |
| 8. notices of demand and termination duly served. (Para 26 , 27 , 28 , 29) |
| 9. defendants' claims of non-default lack merit. (Para 30 , 31 , 32 , 33 , 34) |
Introduction
[1] Enclosure 10 is the Plaintiff's application for summary judgment for banking facilities granted to the First Defendant and guaranteed by the Second, Third and Fourth Defendants.
[2] After hearing submissions and upon perusal of all relevant cause papers, this Court was satisfied that the Defendants have failed to raise any triable issues to merits the action going for trial. The submissions by the Defendants were unsupported by any documentary evidence at all and in fact contrary to the documents.
Background Facts
The Parties
[3] The First Defendant is a privat
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