KL Tower said the restaurant operator Asian Kitchen (M) Sdn Bhd had been fully aware that its tenancy expired on June 30 and it must move out of the premises.
It was also aware there would be no renewal of the tenancy or any further extension, the tower management said in a statement.
The restaurant’s failure to comply with the directive to vacate the premises or fulfil their rent obligations, resulted in the closure of the restaurant when bailiffs appeared at the restaurant yesterday to enforce writs of possession and seizure and sale, the statement read.
It said Asian Kitchen “has been operating illegally” and has not paid any rent since July, after its tenancy had expired.
Earlier today, FMT reported that the Atmosphere 360 restaurant was shut down by its management after being ordered by the High Court to vacate the premises before Jan 4. The restaurant operator also runs the Cafe 360 at the tower.
KL Tower said that the dispute originated from the expiry of the tenancy agreement on Dec 13 last year. The restaurant was told on Nov 20 that the tenancy would not be renewed. However, after an appeal by the restaurant, it was allowed to continue until June 30.
The statement said the restaurant sought an injunction on June 9 to prevent the landlord from obtaining vacant possession. The injunction was dismissed.
However, requests to the restaurant to vacate the premises failed and the tower’s management company obtained a summary judgement on Sept 4 from the High Court for vacant possession and for double the rent to be paid from July 1 until the premises were vacated.
The company said it had no choice but to obtain a court order on Nov 23 to issue a writ of possession to regain the premises, and the writ of possession and writ of seizure and sale were filed with the High Court to execute the order.
Earlier today, FMT reported that Ringo Kaw, CEO of the restaurant operator, had verified the closure and expressed his astonishment upon receipt of the notice. He said High Court bailiffs made an unanticipated appearance at the restaurant yesterday morning, instructing the company to halt operations.