Banking : Banks and banking business - Islamic Banking facility - Failure to pay debts incurred - Recovery of amount due and owing - Certificate of indebtedness - Factors considered as final and conclusive evidence of indebtedness - Whether defense of limitation proven

Civil Procedure : Summary judgment - Triable issue - Whether discretion correctly exercised

The plaintiff/respondent (Bank) and the 1st defendant (the 1st appellant in this appeal) had entered into an additional financing facility known as 'Revolving Al-Murabahah Working Capital Financing' ("the said facility") for the sum of RM2 million. The said facility agreement was guaranteed jointly and severally by the 2nd defendant (the 2nd appellant in this appeal) and one Jamelah (who had since been declared a bankrupt). The agreement for the said facility was evidenced by various documents (offer letter, facility agreement, debenture agreement and guarantee agreement). The purpose of the facility was to finance the purchase of new cars (Perodua cars) and also to purchase or import cars from suppliers. The facility agreement also included that the pricing for the facility 'shall be i