Restaurant was aware of lapsed tenancy, claims KL Tower

 

The now-shuttered revolving restaurant operator’s claims of “sudden” eviction were actually due to a lapsed tenancy, claims KL Tower management.

In a statement today, Menara Kuala Lumpur Sdn Bhd (MKLSB) said their tenancy agreement with Asian Kitchen Sdn Bhd (AKSB), which operates Atmosphere 360, initially ended on Dec 31 last year.

The pair then negotiated a deal to extend the tenancy until June 30 this year.

"AKSB was fully aware that at the expiry of the tenancy agreement on June 30, it must move out of the premises at KL Tower, and there will be no more extension or renewal of the tenancy," it claimed.

MKLSB said that in the weeks leading up to the expiry of the tenancy, AKSB had filed an injunction on June 9 against the former from exercising its right to get vacant possession of the premises.

"The High Court dismissed AKSB’s injunction application on June 27.

"Thereafter, upon the expiry of the tenancy, MKLSB had informed and requested to hand over vacant possession of the premises AKSB via notices, letters and memos but regrettably to no avail," it said.

MKLSB then applied for summary judgment at the High Court on Sept 4 to get vacant possession of the premises from AKSB.

The summary judgment held that the tenancy agreement had expired on June 30 and that AKSB had been unlawfully holding onto the premises since July 1 this year.

AKSB was ordered by the Kuala Lumpur High Court to hand over vacant possession of the premises to MKLSB and pay double rental until it handed over the vacant possession of the premises.

“The restaurant owner then filed a stay of execution of the High Court’s order but it was dismissed on Nov 23.

“In the interim, MKLSB continues to inform and request that AKSB obey the High Court order and to hand over vacant possession of the premises along with payment of money adjudged by the High Court to MKLSB, again to no avail.

“Due to their continued disobedience and non-observance of court order, we have no choice but to apply to court to execute and give effect to the order,” it said, adding that leave was granted by the KL High Court on Nov 23.

MKLSB said that on Dec 21, the bailiffs of the High Court came to KL Tower to execute both a Writ of Possession and Writ of Seizure and Sale against AKSB to execute the court order.

‘Disobeyed court order’

"AKSB has been operating illegally and disobeyed the court order and has not paid any rental to MKLSB from July until today.

"Even though ASKB has filed several appeals and applications in court, namely, against the dismissal of AKSB’s injunction application by the High Court, against the court’s order, as well as a stay of execution of the order pending appeal; under the law, AKSB is still obliged to comply," it added.

MKLSB also asserted that it had never once interfered in the restaurant's operations and management.

It added that all steps taken in resolving the matters over handing over the premises in relation to the tenancy issue are made within the confines of the laws and procedures.

Earlier today, AKSB chief executive officer Ringo Kaw was reported as being "shocked" upon receiving the notice to vacate.

Kaw added that previous management had verbally promised a three-year extension to the restaurant’s tenancy before KL Tower's management Hydroshoppe Sdn Bhd took over MKLSB.

He also told the Scoop that Atmosphere 360 would suffer more than RM1 million in losses from the eviction.

The restaurant is ordered to vacate the premises before Jan 4. - Mkini