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Sunway REIT has full control and possession of Putra Place

KUALA LUMPUR: The Federal Court heard and dismissed with costs of RM30,000 for the application by Metroplex Holdings Sdn Bhd as a result for the stay of execution of the orders of the High Court of Malaya granted on June 28, according to a statement issued by Sunway Group on Wednesday, Oct 4.

On Sept 27, the Court of Appeal had also dismissed the appeals filed by Metroplex against the Orders. Following the decision of the Court of Appeal and prior to the service of the draft interim order for stay of execution on Sept 29, Metroplex had already delivered possession and control of Putra Place to the Trustee and the Manager in accordance with the order granted by the High Court of Malaya on June 28.

With the dismissal of the stay application, the manager of Sunway Real Estate Investment Trust (SunREIT) and OSK Trustees Berhad (as trustee for SunREIT) will enforce the remaining parts of the Orders granted to them.

The orders are that Metroplex is:

i) restrained from holding itself out as the owner of Putra Place and from controlling and managing Putra Place or remaining on or entering Putra Place;

ii) to pay mesne profits have to be paid from Apr 19 until possession is delivered up;

iii) to provide all accounting records and a true account of all income and receipts derived or received by it from Putra Place since Apr 19 together with all supporting documents and to pay all such income and receipts to SunREIT;

iv) to pay interest on all sums ordered to be paid at such rate and for such period the the Court deems proper

v) restrained from lodging any further private caveat over Putra Place and any private caveat lodged by them after Apr 29 be also cancelled and removed forthwith by the Pendaftar Hakmilik Wilayah Persekutuan.

The statement said if Metroplex fail to comply with the Orders — either by itself or through its agents, employees or its representatives — as directors of Metroplex Haron Mohd Salleh, Lim Siew Kim and Mok Pak Hong may be cited for process of execution as a means of compelling Metroplex to comply.

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