JUDGMENT

This is the hearing of an application by Affin Bank Berhad (formerly known a BSN Commercial Bank (Malaysia) Berhad) (hereafter 'the plaintiff), pursuant to section 148 (2) (c) of the Sarawak land Code ('the Code') for the sale of 50 pieces of land charged to it by Woodhouse Sdn Bhd (hereafter 'the defendant') and described as Lots 7232, 7233, 7234, 7235, 7236, 7237, 7238, 7239, 7240, 7241, 7242, 7243, 7244, 7245, 7246, 7247, 7255, 7256, 7257, 7258, 7259, 7260, 7261, 7262, 7263, 7264, 7265, 7266, 7267, 7268, 7312, 7313, 7314, 7315, 7316, 7317, 7318, 7319, 7320, 7321, 7322, 7323, 7324, 7325, 7326, 7327, 7328, 7329, 7330 and 7331 all of Block 59 Muara Tuang Land District (hereafter referred to as 'the said lands').

The said lands were charged to the plaintiff as security for banking facilities (in the form of an Overdraft and Revolving Credit) granted by the plaintiff to a company called Ekran Berhad (hereafter 'the borrower'). Accordingly, the charge which the defendant executed over the said lands is what is commonly referred to as a third party charge. As the borrower made default in regularising its account with the plaintiff, the plaintiff caused its lawyers to recall th