JUDGMENT

Jamhirah Ali JC:

Introduction

[1] This is an appeal by the Appellant/Defendant against the decision of the Deputy the Intervener/purchaser's application for an extension of time to pay the balance purchase price within 120 days from the date of the sale pursuant to s 257(1)(g) of the National Land Code ( NLC ).

[2] The only issue in this appeal is whether the Court has the discretion under the inherent powers to allow suspension of time during the total lockdown period announced by the Government and therefore, the 28 days during the total lockdown from 1 June 2021 till 28 June 2021 should be excluded in the computation of the 120 days stated in s 257(1)(g) of the NLC .

Brief Facts

[3] Pursuant to the Plaintiff's action for a foreclosure order in suit BA-24 MFC- 473-12/2017 in the High Court at Shah Alam, the Plaintiff obtained an Order for Sale on 20 February 2018 against the property charged by the Defendant. There was no appeal against the said order by the Defendant.

[4] Subsequently, the Plaintiff applied to the execution division of High Court Shah Alam to fix an auction date and reserve price to foreclose the charged property. The first auction date was fixed on 9 Ju