BANGI: The Sessions Court here fixed July 29 for the decision on entrepreneur Mawar Abdul Karim’s application to set aside the judgement in default obtained by entrepreneur Nabil Mat Jahaya for her to repay their friendship loan amounting to RM720,000.
Lawyer Datuk Mohd Imran Tamrin, representing Mawar as the defendant, said the court fixed the date after hearing submissions from both parties in the application.
"The court ordered both parties to file affidavits of answers and replies before the decision date,” he told reporters on Thursday (April 21) after the proceedings in chambers before Judge Effandi Nazila Abdullah.
Lawyer Nik Zarith Nik Moustpha, representing Nabil, who was also present at the proceedings confirmed the application and date of the decision.
On Jan 11, the court allowed Nabil as the plaintiff to obtain a judgement in default against Mawar after the entrepreneur failed to enter an appearance in the lawsuit filed by him.
Based on the judgement in default, the defendant (Mawar) has to repay the RM720,000 loan given by the plaintiff.
Through a search in the court system, Mawar in a supporting affidavit to set aside the judgment in default of appearance said she never received a copy of the judgement from the plaintiff or his lawyer at any time until her lawyer filed the notice of attorney’s appointment on April 14.
In his statement of claim, Nabil is seeking the money totalling RM720,000 given to the defendant, in accordance with the friendly loan agreement which had been agreed upon and signed by both of them.
He claimed that based on the agreement, the defendant, among others, needs to repay RM100,000 before or on every 1st day of the month for six consecutive months starting June 1, 2021, while for the seventh month, Mawar needs to pay RM120,000 as the last payment for the loan.
"However, up to the date of filing of this writ and statement of claim, the defendant failed to repay the entire loan as stipulated in the agreement despite several requests made by me or my representative,” he said.- Bernama