By S.S. Selvanayagam
MTV Channel (Pvt.) Ltd and the MBC Networks (Pvt.) Ltd filed their answer in the High Court of Colombo to the Plaint by the Sri Lanka Rupavahini Corporation counter suing for Rs. 500 million as damages.
The Defendants the MTV and the MBC in their answer to the Plaint of the Plaintiff SLRC plead that on the averments contained in the plaint itself, the Asia-Pacific Broadcasting Union is a necessary party to this action, and thus the Plaintiff is guilty of non-joinder of necessary parties to this action.
The Defendants contends this action therefore is not property constituted and for this reason alone, the plaint ought to be dismissed in limine (at the threshold).
They maintain the Enjoining Order, notice of Interim Injuction and summons has been issued by the High Court per curiam (through lack of care).
SLRC had obtained an ex-parte (by or for one party) Enjoining Order in the first instance in the Commercial High Court on the basis that the Asian Broadcasting Union has given exclusive rights for them to telecast 2012 London Olympic Games and subsequently the said Enjoining Order was converted to an Interim Injunction.
The Defendants MTV and MBC challenged the said decision of the Commercial High Court and the Supreme Court granted an Interim Order staying the operation of the High Court order dated 2 July thereby MTV and MBC are permitted to telecast 2012 London Olympic.
The Defendants stated in their answer that the SLRC wrongfully, unlawfully, by wrong premises and by wrong means obtained the ex-parte Enjoining Order and subsequently Interim Injunction thereby prevented them from representing to the public their right to exhibit and to broadcast the said games.
The answer claiming Rs. 500 million from SLRC was settled by President’s Counsel Romesh de Silva and Sugath Caldera instructed by G.G. Arulpragasam.