KUALA LUMPUR: The High Court here today struck out a suit by BTC Clothier Sdn Bhd, which owns and manages the local fashion brand BritishIndia, against Suria KLCC Sdn Bhd after finding that there was no wrongful termination of the lease agreement between the two parties.
Judge Datuk Nor Bee Ariffin also said the agreement, which expired on June 30, 2014, was never renewed and BTC Clothier Sdn Bhd had failed to prove that Suria KLCC had intended to maintain the company as a tenant.
The court ordered BTC Clothier to pay costs of RM100,000 to Suria KLCC, represented by lawyer Tan Sri Cecil Abraham.
She also allowed a counter-claim by Suria KLCC for BTC Clothier to vacate the premise and pay RM336,145 in rental payment for the month since July 2014 until it vacated the premise .
On Feb 24 last year, BTC Clothier, located on the first floor of KLCC, obtained an injunction from the High Court to prevent Suria KLCC from disturbing its business at the said premises pending disposal of the suit.
Lawyer Khong Jo Ee, representing BTC Clothier, requested a stay of the decision pending an appeal at the Appeals Court, but was dismissed by the court.
BTC Clothier sued Suria KLCC in July 2014, claiming that the later had wrongfully terminated their lease agreement, through a letter dated July 4 the same year.
In the statement of claims, BTC Clothier stated that the defendant had threatened to shut down the BritishIndia store at 10 pm on July 7 2014 if it refused to accept a new tenancy offer without prior discussion with the company.
BTC Clothier claimed that the new tenancy offer, for a premises on Level 2 of Suria KLCC, was sent through an email on July 4, 2014.
It had sought, among others, a declaration that the existing rental agreement between the two parties was still valid and that the action of the defendant to terminate it was unlawful.
It also wanted the defendant or its employees to refrain from disrupting its business or block its product display at the premises, general damages, interest, costs and other relief deemed fit by the court.
BTC Clothier, which sells clothing and household items, has 13 branches in Malaysia and five in Singapore besides a retail chain throughout Southeast Asia