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2010 MarsdenLR 3031

HIGH COURT KUALA LUMPUR
AEON CO (M) BHD – Appellant
Versus
BANDAR UTAMA CITY SDN BHD – Respondent


Petitioner Advocates:R Jayasingam,Mohd Fikri ,Respondent Advocate: Kirubakaran

Table of Content
1. final decision and order of the court. (Para 1 , 2 , 3 , 18)
2. lease renewal negotiation and arbitration notice. (Para 4 , 5 , 6)
3. parties' arguments regarding lease agreement. (Para 7 , 10 , 11 , 19 , 21)
4. court's reasoning on uncertainty in lease clause. (Para 8 , 14 , 15 , 16 , 17)
5. recognition of dispute requiring arbitration. (Para 12 , 35)
Abdul Aziz Abdul Rahim J:

[Enclosure 1]

[1] Enclosure 1 is allowed. Order In Terms of prayer (b), (c), (d) and (f) and in respect of prayer (d) there shall be liberty to apply. No order is made in respect of prayer (a) and (e).

[2] Enclosure 8 is allowed and therefore encl 6 is stayed.

[3] Enclosure 3 is struck off because it has become academic.

[4] In this case, the Plaintiff has applied for injunction to prevent the Defendant from evicting the Plaintiff from the tenanted demised premises, Pursuant to a Lease Agreement dated 28 October 1993 (Exhibit AO-1) between the Plaintiff and the Defendant, the Plaintiff has agreed to take up the tenancy of the demised premises for 15 years with an option for renewal for another 15 years subject to rentals and terms and conditions to be agreed.

[5] The original lease is to expire on 18

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