Mohd Sofian JC::

[1] The plaintiff a commercial banking institution, instituted this suit against the defendants for the recovery of monies due under credit granted to the first defendant, which was guaranteed by the second and third defendants respectively. To secure the repayment of the facilities, charges were registered in favour of the plaintiff over the first defendant’s land.

[2] The first defendant defaulted and failed to make repayment on the facilities. On 24 December 2001 the plaintiff’s counsel sent letters/notices of demand to the defendants claiming the sum of RM492,650.53 under the term loan facility and the sum of RM558,169.94 under the overdraft facility as at 15 January 2002 respectively.

[3] The plaintiff by way summons in chambers (‘encl 13’) dated 29 May 2005 proceeded against the second and third defendants (‘the defendants’) for summary judgment under O 14 of the Rules of the High Court 1980 (‘the RHC’) which was allowed by the learned deputy registrar of the High Court on 29 March 2006. The defendants being dissatisfied with the said decision have filed an appeal to judge in chambers dated 31 March 2006 [*136] (‘encl 26’). On 12 September 2006 the