The Capital Maharaja Organisation institutes action against Amazon Management Group

The Capital Maharaja Organisation institutes action against Amazon Management Group

The Capital Maharaja Organisation institutes action against Amazon Management Group

Written by Staff Writer

11 Nov, 2013 | 9:49 pm

The Capital Maharaja Organisation Limited instituted an action in the Commercial High Court of the Western Province against Amazon Management Group Pte Limited, a Singaporean Company seeking a declaration that the agreement entered between the Capital Maharaja Organisation Limited and Amazon Management Group Pte Limited, is incapable of being performed and therefore the specific performance will be contrary to the public policy and that the arbitration proceedings cannot be maintained.
When the above case came today before Commercial High Court Judge M.C.B.C. Morais, President’s Counsel S.A. Parathalingam appearing for the Capital Maharaja Organisation Limited,  informed court that one Ofer Miretzky, in the year 2013, represented to the petitioner company that he is the duly assigned Managing Director of Amazon Management Group Pte. Ltd, and he is the person who runs, operates and maintains the respondent company.
Having relied on the representation of Ofer Miretzky,  The Capital Maharaja Organisation Ltd, entered into a contract on June 19 this year, to put up a high-rise condominium apartment and commercial office complex, on the land situated at number 330, T.B. Jayah Mawatha, Colombo 10.
Acting in terms of the provisions of the agreement, requested Ofer Miretzky, to furnish various essential and necessary information including the financial resources of Amazon Management Group Pte. Ltd.
However, Miretzky had wilfully, and deliberately refused to furnish any information to the Capital Maharaja Organisation ltd, and therefore the petitioner company was compelled to send a letter of termination on October 14, 2013, cancelling the agreement.
Subsequent to signing the agreement, the Capital Maharaja Organisation Limited, discovered that Ofer Miretzky is neither a Director nor a shareholder of the Amazon Management Group Pte. Ltd, and thus had grossly misrepresented and withheld facts from the petitioner and that the petitioner verily suspects and believes that on June 19, 2013, Ofer Miretzky had not been authorised by the Amazon Management Group Pte. Limited, to enter into an agreement with the Capital Maharaja Organisation Limited.
President’s Counsel S.A. Parathalingam further submitted to court that the certified copy of the business profile of Amazon Management Group Pte Ltd, has been filed with the petition and as per the said document, Ofer Miretzky’s name does not appear as a director of the respondent company and therefore the agreement entered between the petitioner and the respondent is not a valid document and cannot be enforced in law.
Having heard the submissions made by President’s Counsel S.A. Parathalingam and also having perused the petition, affidavit and documents annexed with the petition, Court being satisfied that a prima facie case has been established by the petitioner, issued notice on Amazon Management Group Pte. Ltd, returnable on November 22, to show cause as to why the reliefs sought in the petition should not be granted.
Court also reserved the right to the Capital Maharaja Organisation Limited, to support an application for interim order when the necessity arises.
President’s Counsel S.A. Parathalingam, with Attorney-at-Law Nishkan Parathalingam and Attorney-at -Law Niranjan Arulpragasam, instructed by Attorney-at-Law G.G. Arulpragasam, appeared in court today for the Capital Maharaja Organisation Limited.

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