9 February 2017 12:01 am
An application by Dr. Chris Nonis, the former Sri Lankan High Commissioner to the United Kingdom, and one Lalith Fonseka to obtain enjoining orders against Agalawatte Plantations PLC, its directors and subsidiary Mackply, was refused by the District Court of Colombo on Tuesday.
The basis for the application was the alleged unlawful removal of Dr. Nonis and Fonseka as Director and Chairman of Mackply Industries (Private) Limited at the Extra Ordinary General Meeting (EGM) held on January 19, 2017.
The plaintiffs were represented in court by Senior Counsel Chandaka Jayasundara, who appeared with Lakshman Jayakumar and Pulasthi Rupasinghe, attorneys-at-law, on the instructions of Sanjay Fonseka.
However, in a surprising turn of events, when the matter was to be supported for the plaintiff’s ex parte, a few directors of Agalawatte Plantations PLC appearing through their legal team consisting Nishan Premathiratne, who appeared with Pravi Karunaratne, Nadun Wijayasiriwardene and Yasith Hirimburegama, instructed by Sanath Wijewardane, sought to object to granting the enjoining orders in favour of Nonis and Fonseka.
Colombo District Judge Sujeewa Nishshanka, having heard the submissions, refused to grant the enjoining orders sought by Dr. Nonis and Fonseka in their plaint, which was sought primarily to restrain the directors of Agalawatte Plantations from conducting themselves as directors of Macphyl Industries.
The judge proceeded to only issue notices of interim injunction and summons on the defendants, where the matter was refixed for February 21, 2017.
This case is in the backdrop of an ongoing legal battle between Agalawatte Plantations and Mackwoods Group of Companies, owned primarily by the Nonis family.
The litigation between Agalawatte and Mackwoods came to light with the recent majority share sale of 60.8 percent of shares in Agalawatta Plantations PLC by Mackwoods to the Browns group for a sum of Rs.304 million.