News

Material Litigation Advance Synergy Berhad ("ASB") Legal Proceeding Involving Pt. Diwangkara Holiday Villa Bali, An Indirect Subsidiary Of Asb

BackJul 29, 2015
Type Announcement
Subject MATERIAL LITIGATION
Description
ADVANCE SYNERGY BERHAD ("ASB")
Legal proceeding involving PT. Diwangkara Holiday Villa Bali, an indirect subsidiary of ASB

The Board of Directors of ASB wishes to announce that a legal proceeding was instituted against PT. Diwangkara Holiday Villa Bali, an indirect subsidiary of ASB, arising from a claim dated 14 April 2015 made by PT. Diwangkara Jaya Makmur (“Plaintiff”) against PT. Diwangkara Holiday Villa Bali (“Defendant I”) and CV. Telabah Nasional Traiding Company (“Defendant II”) which was read on 28 July 2015 at the Denpasar District Court and fixed for mediation proceedings commencing on 29 July 2015. Defendant I has a lease agreement to operate and manage Diwangkara Holiday Villa Beach Resort & Spa Bali (“Diwangkara Hotel”) as mentioned in item 2 below.

The Plaintiff’s claims principally include the following:-

1.     seizure (Conservatoir Beslag) of the land held under Title No. 419/Sanur Kaja situated at Bali Province, Denpasar City, Sub-District of South Denpasar, Sanur Kaja Village with           an area of 5,050 metres square, registered in the name of the deceased Ida Ayu Sutiti Wirati alias Ida Penanda;

2.     invalidate the lease agreement (Deed No. 39) dated 31 July 2003 between Defendant I and Defendant II for Defendant I to operate and manage Diwangkara Hotel erected on the           aforesaid land for a period of 22 years;

3.     declaration that the Plaintiff reserves the right to perform management of Diwangkara Hotel owned by the Plaintiff erected on the aforesaid land;

4.     order for Defendant I to hand over Diwangkara Hotel to the Plaintiff in good condition;

5.     order for Defendant I to pay actual losses that have been suffered by the Plaintiff amounting to Rp104,600,000,000 (equivalent to approximately RM31.17 million), general losses         which have been suffered by the Plaintiff amounting to Rp10,000,000,000 (equivalent to approximately RM2.98 million) and default penalty of Rp10,000,000 (equivalent to                   approximately RM2,980) for each day commencing from the pronounce of the judgement;

6.     court fees; and

7.     implementation of the judgement on the claims despite any efforts of protest or appeal.

If the claim is successful, the expected losses are the amount claimed, legal costs and assets to be written off amounting to about RM1.7 million as at 31 December 2014.

However, the Group is not expected to suffer a material adverse operational impact following the purported termination of the aforesaid lease.

Further announcement(s) to Bursa Malaysia Securities Berhad on any material development on the above will be made in due course.

This announcement is dated 29 July 2015.

 


Announcement Info

Company Name ADVANCE SYNERGY BERHAD
Stock Name ASB
Date Announced 29 Jul 2015
Category General Announcement for PLC
Reference Number GA1-29072015-00065