GCH Retail says Giant Batu Caves tenancy dispute with landlord still being decided by courts

• The hypermarket operator said it has appealed against a court order to surrender the 180,000 sq ft premises, following a summary judgement obtained by its landlord Crystal Promenade Sdn Bhd.

KUALA LUMPUR (May 8): GCH Retail (M) Sdn Bhd, the operator of Giant hypermarkets, said the courts are still deciding on the company’s tenancy dispute with its landlord over premises it is currently occupying in Batu Caves.

The hypermarket operator said it has appealed against a court order to surrender the 180,000 sq ft premises, following a summary judgement obtained by its landlord Crystal Promenade Sdn Bhd.

GCH Retail is also appealing the dismissal of its suit against the landlord for alleged breach of contract and disruption of its operations, as well as the dismissal of its bid for an interim injunction to restrain the landlord from interrupting its operations at the disputed premises.

The group said this in a statement on Tuesday, following claims by TF Value-Mart on Monday that it had initiated legal action against GCH Retail over business losses due to GCH Retail's failure to comply with a court order to vacate the premises on the expiry of its lease.

TF Value-Mart, which operates a chain of stores in its own brand name, alleged that it had inked a tenancy agreement in 2023 to assume the tenancy once GCH Retail's lease expired on Jan 31, 2024. TF Value-Mart said it had intended to start its operations at the premises in February this year.

GCH Retail, however, said TF Value-Mart's statement, which commented on its dispute with its landlord but did not mention the pending appeals and stay application, amounted to a “serious interference of the administration of justice, especially as all these live issues are presently ‘sub judice’ (before a court)".

“The publication of the reports involving the aforesaid case [between GCH Retail and Crystal Promenade] are inaccurate and incomplete as the press statement did not reveal that the orders for three interlocutory applications are pending appeal, and there is a pending stay application made by GCH Retail,” GCH Retail said in its statement.

“It is to be noted that TF Value-Mart is not privy (to) this action and therefore TF Value-Mart has no locus standi (capacity) to issue any press statement(s) regarding this case,” it added.

As for the lawsuit TF Value-Mart initiated against GCH Retail, GCH Retail said the matter is pending before the High Court and is being “vigorously contested and absolutely rebutted on all issues raised therein”.

Based on The Edge’s check with the court’s e-filing system, case management of TF Value-Mart's lawsuit against GCH Retail was held via e-review on April 29.

In the suit, TF Value-Mart is claiming damages in the form of loss of profit of RM28,991.78 per day until GCH Retail vacates the premises. According to TF Value-Mart’s statement of claim, this amounted to RM1.48 million as at March 22, 2024. The company is also claiming additional damages for loss of profit of RM2.31 million during the Hari Raya festive season, and RM178,500 per month from Jan 2, 2024, as the cost of hiring its management team for the hypermarket in anticipation of opening its business at the premises.

GCH Retail has yet to file its statement of defence to the suit.

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