Interim orders awarded inter parte against Ali Asger Shabbir

The members of the Gulamhusein family have obtained a series of interim orders against Ali Asger Shabbir, the youngest son of the reputed businessman, the late Dr.Shabbir Abbas Gulamhusein, regulating the affairs of Adamexpo Limited. Ali Asger Shabbir had claimed that Dr. Shabbir Gulamhusein sold to him 99.99 percent shares of Adamexpo Limited prior to his death. 

Suspecting foul play, the family members investigated the share transfer and subsequently filed a case in the Commercial High Court, wherein it was alleged that the transfer was a forgery.  High Court Judge Mahinda Samayawardhana issued a series of interim orders regulating the affairs of the company in view of the seriousness of the allegations made.

The petitioners were represented by Manoj Bandara with Hasitha Gamage, instructed by Sudath Perera Associates.

The interim orders were issued to prevent Ali Asger Shabbir and Lawrence Mervyn Fritzgerald Adams from passing any board resolution and/or taking any management decision of Adamexpo Limited whatsoever, without the prior approval of the court. 

The court has further issued interim orders preventing any alienation of the assets of Adamexpo Limited and suspended all arrangements by Ali Asger Shabbir to sell the assets of the company. 

Upon the receipt of notice of the interim orders, Ali Asger Shabbir had filed an application to vacate the interim orders. 

Considering the submissions filed by both parties on November 21, 2017, the learned High Court judge refused to vacate the interim orders and extended the said interim orders until the conclusion of the matter.

Ali Asger Shabbir was represented by Kanag – Isvaran PC; the third and fourth respondents, Lawrence Mervyn Fritsgerald and Adam Corporate Secretarial (Pvt.) Ltd were represented by Kuvera De Soyza PC, instructed by G.G. Arulpragasam PC.

The fifth respondent, Union Bank of Colombo PLC, was represented by Romesh De Silva PC, while the sixth and seventh respondents, LOLC Finance PLC and Commercial Leasing & Finance PLC, were represented by Palitha Kumarasinghe PC. 

The respondent has appealed seeking revocation and variation of the above-mentioned orders and this appeal is to be taken up on January 8, 2018, in the Supreme Court.

Meanwhile, the widow, brother and rest of the family of Dr. Shabbir Abbas Gulamhusein, are suing Ali Asger Shabbir in the Commercial High Court, alleging multiple counts of forgeries and frauds to grab the estate of the deceased by falsifying documents and forging a last will.