KUALA LUMPUR: The Atmosphere 360 & Café 360, located at the KL Tower here are currently not operational as the premises are under the supervision and control of the High Court, says Menara Kuala Lumpur Sdn Bhd (MKLSB).
MKLSB stated that court bailiffs had come to the KL Tower on Thursday (Dec 21) to execute the Writ of Possession and Writ of Seizure and Sale against Asian Kitchen (M) Sdn Bhd (AKSB), the operator of both premises, which to date, AKSB has disobeyed, neglected or failed to comply with.
"AKSB has been operating illegally and disobeyed the court order and has not paid any rental to MKLSB from July 2023 until today," it said in a statement issued on Friday (Dec 22).
The company wished to highlight that despite AKSB’s unlawful or illegal holding over the premises since July 1, 2023, MKLSB has not once interfered with the operations and management of Atmosphere 360 and Café 360.
"MKLSB would also emphasise that all steps taken by MKLSB in resolving the above tenancy issue with AKSB are in compliance with the laws and procedures of Malaysia," it said.
MKLSB said it deeply regretted that the incident on Thursday led to inconvenience and frustration for visitors from Malaysia and all over the world. However, it added that the rest of KL Tower was operational as usual.
According to MKLSB, the tenancy agreement to use the premises to operate Atmosphere 360 and Café 360 was supposed to expire on Dec 31, 2022, and MKLSB had on Nov 10, 2022, informed AKSB that it would not be renewed.
However, AKSB then pleaded for an extension to which MKLSB kindly agreed to allow AKSB to operate its business until June 30, this year, and it must move out of the premises upon the expiry date, with no more extension or renewal of the tenancy.
On June 9, this year, AKSB commenced a suit at the High Court of Kuala Lumpur against MKLSB and sought an injunction against MKLSB to prevent the company from enforcing its right as the landlord to get vacant possession of the premises from AKSB after the expiry of the tenancy on June 30.
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 or memos but regrettably to no avail, it said in the statement.
On Sept 4, the High Court allowed MKLSB's application for summary judgment to get vacant possession of the premises from AKSB after finding that the tenancy expired on June 30 and ordered AKSB to pay double rental to MKLSB starting from July 1, until the date AKSB hands over vacant possession of the premises.
AKSB then filed a stay of execution of the High Court order, but it was dismissed on Nov 23 this year.
In the interim, MKLSB continued to inform and request that AKSB obey the High Court Order and 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 AKSB’s continued disobedience and non-observance of the High Court order, MKLSB had no choice but to apply to the court to execute and give effect to the order, the statement read further.
On Nov 23, the High Court granted leave for MKLSB to issue a Writ of Possession to get back vacant possession of the premises from AKSB and filed both the Writ of Possession and Writ of Seizure and Sale at the High Court to execute the order.- Bernama
