BritishIndia loses suit against Suria KLCC

KUALA LUMPUR: Home-grown fashion brand BritishIndia faces eviction from Suria KLCC following a High Court ruling that the termination of its tenancy is legal.

High Court judge Justice Nor Bee Ariffin dismissed the suit by the boutique's owner, BTC Clothier Sdn Bhd, finding that its tenancy had not been renewed since July 2014.

BTC Clothier had filed the suit in a bid to be allowed to continue operating on the first floor of the mall.

The court ruled in favour of defendant Suria KLCC Sdn Bhd that the clothing company had in fact breached its terms of tenancy by not vacating the premises.

Justice Nor Bee allowed Suria KLCC's counter-claim to be paid double-rental for the 20 months BritishIndia had continued to operate in the mall.

Suria KLCC's lead counsel Cecil Abraham told the court that by his calculations, his client was owed around RM6.7mil in back rent.

BTC Clothier lawyer Khong Jo Ee applied orally for a stay of execution, but was denied.

The court instructed her to file a written stay application, and her client to pay RM100,000 in cost to Suria KLCC.

BTC Clothier filed the suit on July 7, 2014, against Suria KLCC Sdn Bhd to keep its prime spot in the shopping mall.

In its statement of claim, BritishIndia said the mall management informed it on May 28, 2014, that it did not intend to renew tenancy.

The management then sent a letter of termination dated July 4, 2014.

BritishIndia claimed that Suria KLCC had ordered that BritishIndia unconditionally accept the offer to relocate to the second floor or have its premises boarded up.

The clothing company was one of the original tenants, renting the premises for 16 years.

BritishIndia sought a declaration that a tenancy subsists between the company and Suria KLCC and that the mall had unlawfully terminated the tenancy agreement.

In its counter-claim, Suria KLCC stated that its most recent tenancy agreement, which expired June 30, 2014, gave BritishIndia no option to renew.

Suria KLCC said it had no desire to keep BritishIndia as a tenant, and that the offer to relocate to the second floor was to give it an opportunity to continue doing business.