KUALA LUMPUR – Menara Kuala Lumpur Sdn Bhd (MKLSB) in a twist of events today cleared the air by saying the “sudden” eviction notice on Asian Kitchen (M) Sdn Bhd has been due all along.
MKLSB, in a statement today, said the company – which owns Atmosphere 360 and Cafe 360 located in the KL Tower – was well aware of the expiry of its tenancy agreement, which was initially dated December 31, last year.
Following this, MKLSB said a discussion took place and a tenancy extension was given till June 30 this year.
However, the restaurants have been operating illegally in the tower after the tenancy agreement lapsed, which kicked off a legal battle for MKLSB to retrieve the rented premises.
MKLSB said the restaurant owner was fully aware of the new expiry date on June 30 and that the premises must be vacated by then, where there will be no more extension or renewal of tenancy given.
“(However), on June 9 this year, Asian Kitchen had commenced a suit at the high court, here, against us where they sought injunction to prevent us from enforcing our right as the landlord to get vacant possession of the premises after the tenancy agreement expired.
“The high court then dismissed the injunction application on June 27 this year. We then informed and requested the restaurant owner to hand over vacant possession of the premises via notice, letters and memo but to no avail.
“We then applied for a summary judgment from the high court to get vacant possession of the premises, which was granted on September 4,” MKLSB said.
The summary judgment entailed that the tenancy agreement between MKLSB and Asian Kitchen expired on June 30 and that the latter has been unlawfully holding onto the premises since July 1 this year.
The judgment also ordered the restaurant owner to hand over vacant possession of the premises to MKLSB and to pay double rental to the KL Tower owner starting July 1 until the date it hands over 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 November 23.
“In the interim, MKLSB continued to inform and request them (Asian Kitchen) to obey the high court’s order and hand over the vacant possession of the premises, together with payment of money adjudged by the high court.
“But again… it is 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,” said the statement.
MKLSB also said that on November 23, the high court had also granted leave for MKLSB to issue a writ of possession to retrieve the premises from the Atmosphere 360 owner.
The company said it has also filed both the writ of possession and writ of seizure and sale at the high court to execute its order.
“(Therefore) yesterday, the high court’s bailiff came to KL Tower to execute both writs against Asian Kitchen in executing the court’s order which the latter has disobeyed, neglected and failed to comply with.
“The company has been operating illegally and disobeyed the court’s order, and they have not paid any rental to us (MKLSB) from July 2023 to date.
“Asian Kitchen is still obliged to comply with the high court’s order, despite their several appeals and applications filed at the court over the dismissal of their injunction application, as well as stay of execution pending appeal which was also dismissed.”
Despite this, MKLSB said it has never once interfered with the restaurant’s operation and management.
It also emphasised that all steps taken in resolving the matters over handing over the premises in relation to the tenancy issue are within the laws and procedures.
“The premises are currently under the court’s control and supervision. Consequent to this, Atmosphere 360 and Café 360 are currently not operational.
“The revolving restaurant will be temporarily closed for comprehensive upgrades. However, the rest of KL Tower is operational as usual,” the statement added.
It was reported earlier today that Asian Kitchen was served with an eviction notice out of the blue and that it was given time until January 4 to evacuate the premises located at the KL Tower.
The restaurant’s chief executive Datuk Ringo Kaw told Scoop that the loss borne by the restaurant is around RM1 million. – December 22 2023