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2025 MarsdenLR 5016

HIGH COURT MALAYA KUALA LUMPUR
CIMB BANK BERHAD – Appellant
Versus
CHANDRASEGARAN ARJUNAN & ANOR – Respondent


Petitioner Advocates:Tan Kok Thong,Nur Syarafana Nabilah Mohd Rafie ,Respondent Advocate: C Sivasanker,R Prabhakaran

JUDGMENT

Anand Ponnudurai J:

Introduction

[1] A core function of a licensed bank is to extend credit facilities to individuals and corporations. In many instances, borrowers secure those loans by charging their properties to the bank as collateral. Should the borrower (chargor) default on the loan, the bank (chargee) may initiate foreclosure proceedings by seeking the court's assistance for an order of sale by public auction of the charged property. Such proceedings are governed by ss 256 and 257 of the National Land Code 1965 (hereinafter referred to as "NLC 1965") as well as O 83 of the Rules of 2012 (hereinafter referred to as "ROC 2012"). The present matter falls within this framework.

[2] The Plaintiff Bank as the chargee herein commenced foreclosure proceedings against the defendants as chargor in light of sums due under a loan agreement, seeking inter alia an order that six plots of vacant land held under H.S.(D) 31143, PT 892 s 29; H.S.(D) 31144, PT 893 s 29; H.S.(D) 31145, PT 894 s 29; H.S.(D) 31146, PT 895 s 29; H.S.(D) 31147, PT 896 s 29; and H.S.(D) 31148, PT 897 s 29, Town of Klang, District of Klang, State of Selangor Darul Ehsan (hereinafter referred to as "the said pro


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