BUMI RIA DEVELOPMENT Sdn Bhd

On the court record

A borrower whose matters focus on the order-for-sale jurisdiction: a chargee moving under section 256 of the National Land Code and Order 83, and the chargor's attempt to show cause to the contrary.

BUMI RIA DEVELOPMENT Sdn Bhd appears in the corpus as the respondent to a lender's foreclosure proceedings over charged land, and its matters are a focused study of the order-for-sale jurisdiction under the National Land Code. The lender, OSK CAPITAL Sdn Bhd, invoked its rights under a registered charge and a moneylending agreement to seek an order for sale of the company's land under section 256 of the National Land Code. In its own words the court described the case as arising from a clash of claims over a piece of charged land, a moneylending agreement, and the legal boundaries of enforcement, noting that the company conceded execution of a moneylending agreement dated 27 September 2021 for a credit facility of RM3,000,000.00.

In the Malay-language grounds the court framed the matter as an undang-undang tanah (land law) application to enforce the plaintiff's rights di bawah Gadaian (under the charge) under Seksyen 256 Kanun Tanah Negara 1965 (section 256 of the National Land Code 1965) and Aturan 83 Kaedah-Kaedah Mahkamah 2012 (Order 83 of the Rules of Court 2012), seeking a Perintah Jualan (order for sale) by public auction under the direction of the Senior Assistant Registrar, and it identified the decisive question as sama ada bantahan Defendan (whether the defendant's objection) could establish cause to contrary in the foreclosure proceedings.

For a reader, the appearances distil the order-for-sale process precisely: a registered chargee moving under section 256 and Order 83, and a chargor resisting by attempting to show cause to the contrary — the only recognised basis on which the court may decline to order a sale of validly charged land. The corporate parties are named as they appear on the record; individuals are referred to by their procedural role only. The bilingual grounds are themselves characteristic of Malaysian foreclosure practice, the court moving between English and Bahasa Malaysia as it sets out the statutory framework. What remains constant is the analytical structure: once a valid charge and default are shown, the order for sale follows unless the chargor can bring itself within the narrow and well-defined category of cause to the contrary.