Civil Appellate Court justices grant leave to appeal in Capital Maharaja Organisation and Harris...

Justices H.C.J. Madawala and Leon Seneviratne, judges of the Civil Appellate High Court of Colombo, granted leave to appeal against the order of the district judge of Colombo delivered on June 20, 2014, issuing an interim injunction restraining Harrisons Colombo Ltd. and the Capital Maharaja Organisation Ltd from alienating the land situated at No.330, T.B. Jayah Mawatha, Colombo 10.

Harrisons Colombo Ltd. and the Capital Maharaja Organisation Ltd. in their petition to the Civil Appellate High Court stated that the Amazon Management Group instituted an action in the District Court of Colombo seeking an interim injunction preventing Harrisons Colombo Ltd. and the Capital Maharaja Organisation Ltd. from alienating the property at No. 330, T.B. Jayah Mawatha, Colombo 10.

In the petition, it was stated that the Amazon Management Group grossly suppressed and misrepresented and distorted material facts; and Mr. Ofer Miretzky, who signed the agreement on behalf of the Amazon Management Group, is not a director or a shareholder of the Amazon Management Group and therefore he had no legal status to sign the agreement in issue.

In the petition, it is also stated that the district judge had failed to consider that the Amazon Management Group has not furnished any material whatsoever to prove that the Harrison Colombo was attempting to alienate or transfer the land in issue; and the district judge erroneously and wrongfully came to the finding that the Amazon Group has not suppressed or misrepresented any material facts and Court also had failed to evaluate and consider the facts and circumstances of the case, and the District Judge and has failed to appreciate the balance of convenience; and also the order of the District Judge is inequitable and manifestly unfair in the facts and circumstances of this case and contrary to the law and principle of injunctive reliefs.

Having heard the lengthy submissions made by the President’s Counsel S.A. Parathalingam for Harrisons Colombo Ltd. and the Capital Maharaja Organisation Ltd., and also having perused the petition, affidavit and documents annexed thereto, Court being satisfied that a prima facie case been established by Harrisons Colombo Ltd. and the Capital Maharaja Organisation Ltd. , granted leave to appeal against the order of the Learned District Judge delivered on June 20, 2014 and called for the case record of the original court.

President’s Counsel S.A. Parathalingam with Attorney-at-Law Nishkan Parathalingam instructed by Attorney-at-Law G.G. Arulpragasam appeared on behalf of Harrisons Colombo Ltd. and The Capital Maharaja Organizsation Ltd.

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