JUDGMENT

GUNALAN A/L MUNIANDY, JC:

(1) These suits arise out of two term loans (D1 and D2) granted by the Plaintiff (P) bank to the defendants. They are for non-payment of instalments by D1 and D2 allegedly in breach of the loan agreements entered into between the parties.

Summary of Facts

(2) Upon the request of D1 and D2, P vide letters of offer (L/O) dated 03.10.1997 and 03.12.1997 offered D1 and D2 two term loans (T/L (1) and (2)) each amounting to RM300,000.00 at the prescribed rate of interest. In respect of T/L (1) D2 executed a charge over land in favour of P while T/L (2) was secured by a similar charge executed by D1. Upon the alleged failure of D1 and D3 to settle overdue instalments under the two T/L, two separate Notices of Demand (NOD) and Withdrawal of Loan Facility were issued by Ps solicitors to them. These writs dated 12.07.2007 and 01.08.2007 were issued against them when they failed to comply with the notices.

Preliminary Objection By Ps Counsel (P/C)

(3) The objection raised was against PW1s competency to testify on behalf of D1 and D2 by virtue of a Power of Attorney (P/A) issued to him by D1 and D2 and duly registered at the Muar High Court (Exhibit D