IN THE HIGH COURT OF MALAYA AT MAHKAMAH TINGGI SHAH ALAM

IN THE STATE OF SELANGOR

O.S. No. Of 2017

In the matter of foreclosure dated 23.11.2014 that has been

registered on 28.2.2008 under presentation no. PN
44526/2008 on land and hereditaments known as Lot
66079, Mukim Bandar Selayang, Daerah Gombak,
Selangor

And

In the matter of Section 256 and 257 and 267A National

Land Code 1965

And

In the matter of Order 83, Rules of Court 2012

Between

ABC Bank Bhd

(Company No. 127776-V) Plaintiff

And

Mohd Hairi Bin Tajudin Defendant

AFFIDAVIT-IN-SUPPORT
I, MUHAMMAD SHAHRUL IMAN BIN JUHAIZI (NRIC NO. 930613-06-5757) a Malaysian
Citizen of full age residing at No5 Taman Seri Murni, Kg.Gong Pak Jin,21030 Kuala Terengganu,
Terengganu do affirm and state as follows:-

1. I am the advocate acting on behalf of the Plaintiff in this action and I am duly authorized to make
this affidavit on behalf of the Plaintiff and the information stated herein is true to the best of my
knowledge. Save as otherwise stated in the information stated herein are based on my knowledge
and or from documents that are in my possession.

2. The Plaintiff is a company incorporated under the Companies Act 1965 under Co No. 127776-V
and having its registered office at No.2 Lebuh Ampang, 50100 Kuala Lumpur.

3. The Defendant is the registered proprietor of the said property under the National Land Code
1965 That the property belonged to the Defendant, known as Lot 66079, Mukim Bandar
Selayang, Daerah Gombak, Selangor held under Grant 106567 [hereinafter referred to as
"property"]

4. The Plaintiff has the knowledge at his best that the Defendant has the possession of the said
Property.

A true copy of the Catatan Carian Persendirian of the Property made by the Plaintiff to
the Pejabat Tanah dan Galian Selangor is now produced and shown to me marked as
Exhibit C1

5. The Defendant has been approved for a loan facility from the Plaintiff on 31.11.2014, which in
amount of RM 500,000.00 to be paid by installment of 108 months.

A true copy of the Loan Facility Agreement signed and attested by both of the Plaintiff
with the Defendant is now produced and shown to me marked as Exhibit C2

6. Prior to the loan approval from the Plaintiff by the Defendant, the Defendant has obtained the
consent from Land Administrator of Pejabat Daerah dan Tanah Gombak on 24.11.2014 to charge
the said Property to Plaintiff in order to secure the principal amount of loan granted by the
Plaintiff.
 A copy of the Consent Letter from the Land Administrator of Pejabat Daerah dan Tanah
Gombak is now produced and shown to me marked as Exhibit C3.

7. The Defendant has mortgaged the Property under the provisions of the National Land Code 1965
by the Charge Presentation No. 44526/2008 (hereinafter referred to as "The Charge").

A true copy of the Form 16A [Section 242} under the National Land Code 1965 of the
Defendant is now produced and shown to me marked as Exhibit C4.

8. The Defendant has defaulted payment for more than four (4) months since the last date of
payment of the installment in 10.02.2017, where there are a sum of RM 64,453.12 (Ringgit
Malaysia Sixty Four Thousand Four Hundred and Fifty three and Twelve Sen) representing the
total amount outstanding payment to the Plaintiff.

9. The accrued interest on time at 1.80% per annum under the Base Lending Rate 6.60% During the
Plaintiff's [subject to change] is calculated on the basis of daily stops 30/360 until full settlement.

10. The plaintiff sought for the said Property to be sold by public auction under Sections 256, 257
and 267A of the National Land Code 1965 and the subsequent sale is paid to the plaintiff to settle
a sum of RM64, 453.12 (Ringgit Malaysia Sixty Four Thousand Four Hundred and Fifty three
and Twelve Sen) only representing the total amount outstanding and payable to the Plaintiff as at
10.02.2017.

11. The Plaintiff has served the Defendant the Form 16D [Section 254] under the National Land
Code 1965 on 20.5.2017 to notify against the default with respect of charge by the Defendant.

A copy of the Form 16D [Section 254] under the National Land Code 1965 of the
Defendant is now produced and shown to me marked as Exhibit C5.

12. The Defendant has failed to remedy the breach within the period of one month from the date of
serving of the Form 16D.
 13. The Originating Summon [OS NO. 123456A] along with the Affidavit-In-Support to obtain the
grant of Order of Sale by the Plaintiff has been served to the Registrar of the High Court of Shah
Alam on 24.6.2017.

14. By reasons of my depositions above, I verily believe that the Plaintiff are entitled to be granted
the order of sale sought upon the terms set out in our Originating Summon annexed hereto and
filed herein to recover the principal amount of the outstanding payment by the Defendant to the
Plaintiff.

15. Given the facts deposed by us, we verily believe there is no defense claims in this action. We are
not aware of any facts that might lead Honorable Court to grant the order of sale.

16. We undertake to abide by Order this Honorable Court or a Judge may make as to damages in this
Court or a Judge hereafter by the grant of any order of sale.

17. Wherefore we respectfully and humbly pray for respective Orders in terms of our application for
Order of Sale.

Affirmed by the above named )

Hairi )

At Shah Alam )

On 26 May 2017 )

Before me,

..

This Affidavit in Support is filed by Asra & Co, whose address for service is No. 16, 1st Floor Jalan
Zainal Abidin, 21300 Kuala Terengganu, and Terengganu.
IN THE HIGH COURT OF MALAYA AT MAHKAMAH TINGGI SHAH ALAM

IN THE STATE OF SELANGOR

O.S. No. 123456A of 2017

In the matter of foreclosure dated 23.11.2014

that has been registered on 28.2.2008 under
presentation no. PN 44526/2008 on land and
hereditaments known as Lot 66079, Mukim
Bandar Selayang, Daerah Gombak, Selangor

And

In the matter of Section 256 and 257 and 267A

 National Land Code 1965

And

In the matter of Order 83, Rules of Court 2012

Between

ABC Bank Bhd

(Company No. 127776-V)
Plaintif

And

Mohd Hairi Bin Tajudin

Defendant

C E R T I F I C A T E

I hereby certify that documents attached hereto marked as C1, C2, C3, C4, C5
are the exhibits referred to in the Affidavit-in-Support of MUHAMMAD SHAHRUL
IMAN BIN JUHAIZI affirmed to before me on 24.06.2017.

Tan King Kong

..
COMMISIONER FOR OATHS