Pawnbrokers Order, 2002 · s 27

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s 27Failure to repay loan

(1)

Subject to subsection (2), if the pawner fails to repay the loan after the expiry of 6 months from the period of one year mentioned in section 13, the pawnbroker shall, with the approval of the Court, sell or auction the article pawned, on giving the pawner and the public reasonable notice of the sale or auction, or shall dispose of it in such other manner and upon such conditions as the court may approve.

(2)

If the proceeds of the sale or auction referred to in subsection (1), are less than the amount due to the pawner, the pawner is still liable to pay the balance. If the proceeds of the sale or auction are greater than the amount so due, the pawnbroker shall pay over surplus to the pawner subject to subsection (1) of section 18.

(3)

In this section, "Court" means the Syariah Subordinate Courts, the

Syariah High Court or the Syariah Appeal Court, as the case may be, established under subsection (1) of section 6 of the Syariah Courts Act (Chapter 184).