TF Value-Mart sues GCH Retail to get Giant Batu Caves vacated

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The hypermarket operator has lodged an appeal against a court directive demanding the surrender of the 180,000 square feet premises, which ensued after its landlord, Crystal Promenade Sdn Bhd, obtained a summary judgment.

KUALA LUMPUR, 8th May 2024 – GCH Retail (M) Sdn Bhd, the company managing Giant hypermarkets, stated that the courts are currently deliberating on a tenancy dispute with its landlord concerning the premises it currently occupies in Batu Caves.

The hypermarket operator has lodged an appeal against a court ruling demanding the surrender of the 180,000 square feet premises, which came after its landlord, Crystal Promenade Sdn Bhd, secured a summary judgment.

GCH Retail is also contesting the rejection of its lawsuit against the landlord for purported breach of contract and disturbance of its operations. Additionally, it is challenging the dismissal of its request for a temporary injunction to prevent the landlord from disrupting its activities at the disputed premises.

The group released a statement on Tuesday, responding to TF Value-Mart’s claims on Monday regarding legal action against GCH Retail. TF Value-Mart asserted that GCH Retail’s non-compliance with a court order to vacate the premises upon lease expiration had caused business losses. TF Value-Mart, known for its chain of stores, stated that it had signed a tenancy agreement in 2023 to take over the premises once GCH Retail’s lease ended on January 31, 2024. The intention was to commence operations at the location in February of the same year.

GCH Retail countered TF Value-Mart’s statement, noting that while it addressed the dispute with its landlord, it omitted any reference to the ongoing appeals and stay application. GCH Retail characterized this omission as a “serious interference of the administration of justice,” particularly as these unresolved matters are currently under legal consideration.

“Inaccurate and incomplete reporting surrounds the aforementioned case between GCH Retail and Crystal Promenade,” stated GCH Retail in its press release. “The reports failed to disclose that orders for three interlocutory applications are currently under appeal, and there is a pending stay application submitted by GCH Retail.”

“It’s important to highlight that TF Value-Mart is not involved in this action and thus lacks the authority to issue any press statements regarding this case,” it further stated.

Regarding the lawsuit initiated by TF Value-Mart against GCH Retail, GCH Retail clarified that the case is currently before the High Court and is being vigorously contested, with all issues raised therein being completely refuted.

In the lawsuit, TF Value-Mart is seeking compensation in the form of lost profits amounting to RM28,991.78 per day until GCH Retail vacates the premises. As per TF Value-Mart’s statement of claim, this totaled RM1.48 million as of March 22, 2024. Additionally, the company is claiming further damages for missed profits of RM2.31 million during the Hari Raya festive season and RM178,500 per month starting from January 2, 2024, representing the expense of hiring its management team for the hypermarket in preparation for commencing operations at the location.

GCH Retail has not yet submitted its statement of defense in response to the lawsuit.

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