(Unless otherwise definedherein, the definition used in this announcement shall carry the same meaning as defined in the announcement dated 23 October 2014 and 31 October 2014).
We refer to our announcement dated 23 October 2014 and 31 October 2014 in relation to the above matter.
AmanahRaya-REIT Managers Sdn. Bhd, the Manager of ARREIT, wishes to announce that the Trustee has filed a Defence and Counterclaim through its solicitors at the High Court of Malaya at Kuala Lumpur on 28 November 2014 where:
(a) The Trustee denies the claims made by the Plaintiffs;
(b) The legal action was filed by the Plaintiffs after ARREIT had evinced its intention to commence legal proceedings against the 2nd Plaintiff to recover the outstanding lease and vacant possession of the Property wherein this Property is the subject matter of the legal action taken by the Plaintiffs;
(c) The Trustee maintains that it is not involved in any alleged wrongdoing against the Plaintiffs.
The Trustee and the Manager have been advised by its solicitors that ARREIT has a good defense to the abovementioned legal action. The Trustee have sought for an Order that the action taken by the Plaintiffs to be dismissed on a solicitor-client basis or costs without prejudice to the Trustee's rights tofile an application to strike out the Writ of Summons and Statement of Claim.
Following the leave granted by the High Court vide Kuala Lumpur High Court Originating Summons No. 24NCC-280-08/2012 to ARREIT on 28 October 2014 to proceed with legal action against the 2nd Plaintiff for repossession of the Property, etc, together with the Statement of Defence, the solicitors have on 28 November 2014 filed a Counter Claim against 2nd Plaintiff whereby the Trustee has sought for the following orders:
(a) Payment of the outstanding lease rental of RM608,000 per month commencing from 16 August 2013 until delivery of vacant possession of the Property to the Trustee;
(b) Payment of 'double rental' of RM608,000 per month commencing from 16 August 2013 until delivery of vacant possession of the Property to the Trustee;
(c) Intereston any such sum assessed and awarded by the Court to the Trustee at the rate of 5% p.a. from the date the lease rental and/or the 'double rental' becomes due and payable until the date of full and final settlement;
(d) A declaration that the 2nd Plaintiff and/or any persons claiming tohave derived their rights from the 2nd Plaintiff who are in occupation of the Property without the Trustee's consent are in wrongful occupation of the Property;
(e) An order that the 2nd Plaintiff and/or its employees and/or its agents and any persons claiming to have derived their rights from the 2nd Plaintiff and/or any persons who are in occupation of the Property without the Trustee's consent, delivers vacant possession of the Property to the Trustee within seven (7) days from the date of the service of the Order;
(f) An order that the 2nd Plaintiff and/or its employees and/or its agents and any persons claiming to have derived their rights from the 2nd Plaintiff and/or any persons who are in occupation of the Property without the Trustee's consent, remove their belongings and/or cause the removal of their belongings from the Property within seven (7) days from the date of the service of the Order;
(g) An order that the Trustee be allowed to place security guards at the Property immediately upon the order;
(h) In the event of a failure to obey the orders herein, an order that the Trustee be given leave to re-enter the Property in order to lock up the Property without prejudice to the Trustee's right to apply for writ of possession;
(i) Costs on a solicitor-client basis or costs;
(j) General damages to be assessed; and
(k) Such further and other relief(s) as the Court deems fit and just.
The Manager will make further announcements as necessary on future developments in this matter.
This announcement is dated 28 November 2014.
