Commercial HC dismisses case filed by Raj and Zaki against Harry over wife’s Board appointment

By S.S. Selvanayagam

The Commercial High Court of Western Province in Colombo has dismissed without cost the litigation filed against Stassen Exports Ltd. and D.H.S. Jayawardena.

Petitioners R.K. Obeysekera and Zaki Alif initiated the legal action against the Respondents in respect of the disputed resolution that K.B.J.P. Jayawardena would be appointed as a Director of Milford Exports (Ceylon) Ltd.

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High Court Judge Mahinda Samayawardhena dismissed the main application of the Petitioners with no costs.

President’s Counsel Romesh de Silva with Chanaka De Silva instructed by G.G. Arulpragasam appeared for the Petitioners.

President’s Counsel S.A. Parathalingam with President’s Counsel Nihal Fernando and N.R. Sivendran instructed by Upendra Gunasekera appeared for Harry Jayawardena.

Petitioners sough declaration from the Court that a declaration that the purported resolution of 2nd Respondent Harry Jayawardena dated 24 October 2008 and the purported circular/notice dated 28 October 2008 are oppressive of their right.

The purported resolution inter alia states it is hereby resolved that K.B.J.P. Jayawardene be appointed as a Director of Milford Exports (Ceylon) Ltd.

The purported/notice is a document prepared by the Company Secretaries on lines of the said resolution to be distributed among the shareholders in terms of the provisions of the Companies Act.