MATERIAL LITIGATION AMANAHRAYA REAL ESTATE INVESTMENT TRUST ("ARREIT") Kuala Lumpur High Court Civil Suit No: 22NCVC-476-10/2014 ("the Suit") Standard Confectionary Sdn Bhd ("1st Plaintiff") and High-5 Conglomerate Berhad (formerly known as Silver Bird Group Berhad) ("2nd Plaintiff") v Amanah Raya Berhad ("1st Defendant"), CIMB Islamic Trustee Berhad (as Trustee for ARREIT), Dato' Tan Han Kook ("3rd Defendant") and Dato' Ahmad Rodzi Pawanteh ("4th Defendant")
Type | Announcement |
Subject | MATERIAL LITIGATION |
Description | AMANAHRAYA REAL ESTATE INVESTMENT TRUST ("ARREIT") Kuala Lumpur High Court Civil Suit No: 22NCVC-476-10/2014 ("the Suit") Standard Confectionary Sdn Bhd ("1st Plaintiff") and High-5 Conglomerate Berhad (formerly known as Silver Bird Group Berhad) ("2nd Plaintiff") v Amanah Raya Berhad ("1st Defendant"), CIMB Islamic Trustee Berhad (as Trustee for ARREIT), Dato' Tan Han Kook ("3rd Defendant") and Dato' Ahmad Rodzi Pawanteh ("4th Defendant") |
(Unless otherwise defined herein, the definition used in this announcement shall carry the same meaning as defined in the announcement dated 23 October 2014, 31 October 2014 and 28 November 2014).
We refer to our announcement dated 23 October 2014, 31 October 2014 and 28 November 2014 in relation to the above matter.
AmanahRaya-REIT Managers Sdn. Bhd, the Manager of ARREIT, wishes to announce that the Trustee had through its Solicitors on 6.1.2015 filed an application at the High Court of Malaya at Kuala Lumpur to strike out the Writ of Summons and Statement of Claim dated 17 October 2014 with costs to be borne by the Plaintiffs and any such other orders as deem fit and reasonable by the Court ("the Striking Out Application").
The Trustee through its solicitors had on 6.1.2015 also filed an application for Summary Judgment ("the Summary Judgment Application") against the 2 nd Plaintiff for the following:
(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) Interest on 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 2 nd Plaintiff and/or any persons claiming to have derived their rights from the 2 nd 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 2 nd Plaintiff and/or its employees and/or its agents and any persons claiming to have derived their rights from the 2 nd 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 2 nd Plaintiff and/or its employees and/or its agents and any persons claiming to have derived their rights from the 2 nd 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 prayed for in para (e) and (f) hereinabove, 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) General damages to be assessed;
(j) Costs on a solicitor-client basis or costs; and
(k) Such further and other relief(s) as the Court deems fit and just.
The Kuala Lumpur High Court had on 7.1.2015 fixed the Suit for further case management on 20.1.2015. To date no hearing date has been fixed for the Striking Out Application and the Summary Judgment Application.
The Manager will make further announcements as necessary on future developments in this matter.
This announcement is dated 7 January 2015. |